CA1 on Past Persecution: Paye v. Garland

Paye v. Garland

"The BIA and IJ (collectively, "the agency") did not address whether Paye's escape from Liberia because of systematic ethnic cleansing and genocide of the Krahn people during the Liberian civil war constituted past persecution. This hindered our ability to meaningfully review the agency's denial of withholding of removal. Accordingly, we vacate and remand."

NOTE: ICE, in violation of CA1 Local Rule 18, deported ("removed") the Petitioner in the middle of litigation, prompting this Order from the Court: "By no later than 5 p.m. on Friday, July 26, 2024, Respondent is ordered to provide to the Court, in detail, an explanation of how and why Petitioner was removed. Respondent shall also make all necessary inquiries and, at the same time, provide all information in its possession, custody, or control concerning (1) Petitioner's current location and his condition while in transit back to the United States, including whether he is presently detained by authorities or otherwise, and (2) the expenses that Petitioner is expected to incur in returning to this country. Respondent's submission to this Court shall be made under the pains and penalties of perjury. Petitioner may, but is not required to, submit additional information documenting his travel expenses within 7 days of his return to the United States., notifying party of opportunity to respond to motion for miscellaneous relief."

[Hats off to SangYeob Kim, with whom Gilles Bissonnette, Margaret Moran, American Civil Liberties Union of New Hampshire, and New Hampshire Legal Assistance were on brief, and Daniel V. Ward, Marianne Staniunas, Abigail Alfaro, Michelle Marie Mlacker, Colleen Roberts, and Ropes & Gray LLP were on brief for Immigration Law Professors and Former Immigration Judges and Board of Immigration Appeals Members, a.k.a. the "Round Table", amici curiae!  Listen to the oral argument here.]