Ali v. Garland, No. 21-1296 (1st Cir. 2022)
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The First Circuit granted in part a petition for review from Petitioner in which Petitioner challenged the decision of the Board of Immigration Appeals (BIA) affirming the immigration judge's (IJ) denial of Petitioner's request for deferral of removal pursuant to the Convention Against Torture and Other Cruel, Inhuman or Degrading treatment or Punishment (CAT), holding that the BIA's decision was not supported by substantial evidence.
Petitioner, a noncitizen who was granted asylum in 2002, was served with a notice to appear from removal proceedings. The notice alleged that Petitioner was subject to removal from the United States pursuant to 8 U.S.C. 1182(a)(2)(A)(i)(II) and 1182(a)(2)(C) based on his prior Massachusetts state law convictions. Ali submitted to the IJ an application for asylum, for withholding of removal, and protection under the CAT, asserting that he was be subject to torture in Somalia. The IJ sustained the charges and ordered Petitioner removed to Somalia. The BIA affirmed. The First Circuit vacated the BIA's order, holding that the BIA did not address Petitioner's contention that the IJ failed to consider relevant evidence concerning the torture that Petitioner would face from private militias and armed criminals, and the failure to consider that evidence was not harmless.
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