In Matter of D-J-L-, the Board of Immigration Appeals vacated an Immigration Judge’s grant of CAT deferral. The Board held that the judge clearly erred by assigning significant weight to an expert witness whose strong advocacy background prevented an impartial assessment of removal conditions.
In D.V.D. v. U.S. Department of Homeland Security, a federal district court vacated an agency policy that permitted the deportation of noncitizens to undisclosed third countries without prior notice. The judge ruled this practice unlawfully violates constitutional due process and statutory protections against returning vulnerable individuals to face severe persecution or torture.
Matter of F‑B‑A‑ is a precedential BIA decision clarifying that the “unique barriers” to reporting harm recognized for children in Matter of C‑G‑T‑ do not extend to adults, even where the adult suffered abuse as a child, and holding that, on this record, Russian authorities are not shown to be unable or unwilling to protect the respondent and that internal relocation within Russia is reasonably available, rendering the respondent ineligible for asylum, withholding, and CAT protection.
In Matter of G-M-I-, BIA holds that expert testimony based on anecdotal and inaccurate facts cannot establish the individualized likelihood of torture required for CAT deferral. Critical guidance for practitioners handling Chinese nationals with U.S. drug convictions.
In Matter of D-G-B-L- court held that the serious nonpolitical crime bar to asylum and withholding of removal does not
include a duress exception.
