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Category Archives: Convention Against Torture
CA7 affirms BIA finding that native of El Salvador did not meet burden of demonstrating a nexus between alleged persecution and his proposed social groups of wealthy deportees or gang resisters.
BIA did not err in affirming IJ’s denial of alien’s (citizen of El Salvador) asylum and withholding of removal applications, alleging that gang in El Salvador subjected him to past persecution on account of his membership in social groups of … Continue reading
CA7 finds BIA sua sponte remand did not reopen request for 212(c) relief but upholds deferral of removal under CAT for Iraq national
Turkhan, born in 1960 in Iraq, entered the U.S. in 1979, eventually becoming a legal permanent resident. He is an Assyrian Christian, has not left the U.S. since 1979, is married to a U.S. citizen, and is the father of … Continue reading
CA7 upholds IJ finding that family members perceived as having money is not ‘membership in a particular social group’
Record contained sufficient evidence to support IJ’s denial of alien’s application for withholding of removal to Mexico based on his proposed social group of Mexican nationals whose family members have suffered persecution at hands of Zetas gang and other drug … Continue reading
CA7 grants withholding of removal for citizen of Botswana and female genital mutilation (FGM) claim
Ct. of Appeals lacked jurisdiction to consider alien’s appeal of Bd.’s denial of her asylum application, where basis of denial was Bd.’s finding that said application was untimely as being filed more than one year after her arrival in U.S. … Continue reading
CA7 finds BIA improperly used de novo standard instead of clear error standard in deferral of removal
In removal proceeding in which alien (native of Honduras) argued that he was entitled to withholding of removal and CAT relief based on claim that he experienced police torture in Honduras in 1994, Ct. of Appeals lacked jurisdiction to review … Continue reading