CA1 on Honduras, MS-13, CAT: H.H. v. Garland

H.H. v. Garland

"Petitioner H.H. seeks review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for deferral of removal to Honduras under the Convention Against Torture ("CAT"). He argues that the immigration judge ("IJ") applied the incorrect legal standard in assessing whether he would more likely than not be tortured with the "consent or acquiescence" of the Honduran government, and that the BIA erred in its review of the IJ's decision. He also argues that the BIA failed to consider whether the Honduran government would likely torture him and whether the MS-13 gang is a de facto government actor. We agree that the agency erred in these respects, and we therefore grant his petition for review, vacate the order of the BIA to the extent it denied him CAT relief as to Honduras, and remand for further proceedings consistent with this opinion."

[Hats off to SangYeob Kim and Anna R. Welch, Suzannah Dowling (Student Attorney), and Cumberland Legal Aid Clinic, University of Maine School of Law on brief for amici curiae Immigration Law Professors, William J. Aceves, California Western School of Law, Nathan P. Warecki, and Nixon Peabody LLP on brief for amici curiae Current and Former U.N. Special Rapporteurs on Torture, and Adam Gershenson, Zachary Sisko, Marc Suskin, Valeria M. Pelet del Toro, Samantha Kirby, and Cooley LLP on brief for amici curiae Former Immigration Judges and Former Members of the Board of Immigration Appeals!]