Category Archives: Convention Against Torture

CA7 finds BIA improperly used de novo standard instead of clear error standard in deferral of removal

Posted on January 8, 2016 by Mike Baker

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 →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, clear error standard, Convention Against Torture, de novo standard, withholding of removal | Leave a comment

CA7 remands Mexican deferral of removal under CAT

Posted on January 8, 2016 by Mike Baker

Ct. of Appeals remanded case back of Bd. of Immigration Appeals upon govt.’s motion for said remand for purpose of allowing Bd. to reconsider its denial of alien’s eligibility for deferral of removal under CAT, where alien alleged that removal … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Convention Against Torture, deferral of removal, La Linea drug cartel | Leave a comment

CA7 and CAT relief for Mexican national “deadbeat and informer,” tortured at behest of Zetas cartel

Posted on January 5, 2016 by Mike Baker

In Rodriguez-Molinero v. Lynch, 2015 WL 9239398 (7th Cir. 2015), the U.S. Court of Appeals for the Seventh Circuit granted a petition for review in favor of a citizen of Mexico who was denied protection under the Convention Against Torture … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Convention Against Torture | Leave a comment

CA7 denies Iranian CAT claim because the alien had confessed to perjury

Posted on February 27, 2015 by Mike Baker

Keirkhavash did not depart when her tourist visa lapsed. Two days before the statutory deadline, she sought asylum, contending that Iran would persecute her because she had supported a group (MEK) seeking overthrow of Iran’s government. She claimed she had … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Convention Against Torture | Leave a comment