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CA7 (Posner) on CAT, Honduras, HIV Status: Velasquez-Banegas v. Lynch

January 21, 2017 (1 min read)

Velasquez-Banegas v. Lynch - "Suppose a person if removed to his country of origin would be sure to be persecuted unless, by living in a cave, he avoided all contact with other persons. The next step would be to rule that no one can have a real fear of persecution because if persecution looms he can avoid it by committing suicide. ... We have noted repeatedly that remand may be warranted when the agency overlooks key aspects of an asylum‐seeker’s claim and might reach a different conclusion after fuller evaluation of the record. ... This is such a case. We therefore vacate the decisions of the Board and the immigration judge and remand the case for reconsideration in light of the analysis in this opinion."

[Hats off to Keren Zwick!]