CA1 on Somalia, CAT: Ali v. Garland

Ali v. Garland

"[W]e deny Ali's petition for review of the BIA's ruling insofar as the petition challenges the BIA's affirmance of the IJ's denial of Ali's al-Shabaab-related ground for obtaining CAT-based deferral of removal. However, we grant Ali's petition for review with respect to his challenges to the BIA's affirmance of the IJ's ruling denying him CAT-based deferral of removal on the other two grounds at issue -- that Ali will be subject to torture in Somalia at the hands of private militias and armed criminals (which he refers collectively in his briefing to us as "other private actors") and that he will be subject to torture at the hands of the security forces of the government of Somalia. ... The critical question is whether this record compels the conclusion that Ali could not make the requisite showing with regard to the nature of the abuse to which he will be subjected, notwithstanding the IJ's failure to have addressed evidence bearing on it. ...  [W]e conclude that the prudent course is to vacate and remand for the BIA to address the aspects of the record that have not been given their proper consideration. ... We therefore grant the petition for review, vacate the order of the BIA, and remand the case to the BIA for further proceedings consistent with this opinion."

[Hats off to Susan Church and Edgar Fankbonner!  Unfortunately, the Court denied the motion for stay of removal, and Ali was removed.  Let's hope his lawyers can bring him back!]