Unpub. CA1 Victory: G.P. v. Garland

G.P. v. Garland

"Petitioner G.P. seeks review of the Board of Immigration Appeals' ("BIA") decision affirming the denial of his application for protection under the Convention Against Torture ("CAT"). We first address our jurisdiction to hear this matter before turning to the merits. Ultimately, because the immigration judge's ("IJ") decisions -- giving limited weight to the expert witness testimony and disregarding the expert's opinion that G.P. faced a high risk of torture -- were not supported by substantial evidence, we grant G.P.'s petition, and thus vacate and remand for further proceedings consistent with this opinion."

[Hats off to SangYeob Kim, with whom Gilles Bissonnette, American Civil Liberties Union of New Hampshire, and New Hampshire Immigrants' Rights Project, were on brief for petitioner; Jennifer P. Lyon, Courtney H.G. Herz, and Sheehan Phinney Bass & Green, PA on brief for New Hampshire Legal Assistance and the University of Maine School of Law Refugee and Human Rights Clinic, amici curiae; Adam Gershenson, Alex Robledo, Angela Dunning, Marc Suskin, Robby L.R. Saldaña, and Cooley LLP on brief for Former Immigration Judges and Former Members of the Board of Immigration Appeals, amici curiae; and Kristin Macleod-Ball and Trina Realmuto on brief for the National Immigration Litigation Alliance, Center for Gender & Refugee Studies, and Political Asylum/Immigration Representation Project, amici curiae!

Motion to publish has been filed.

Listen to the oral argument here.]