Estrada-Martinez v. Lynch, No. 15-1139 (7th Cir. 2015)
Annotate this CaseEstrada fled Honduras in 1994 after police there detained and tortured him. An immigration judge granted Estrada relief from removal, finding that he will more likely than not face torture if he is removed to Honduras. The Board of Immigration Appeals reversed, finding Estrada not eligible for withholding of removal because he was convicted in an Illinois state court of statutory rape in 1996, a crime the Board deemed “particularly serious.” The Seventh Circuit remanded, finding that the BIA applied the wrong standard of review. While Estrada may be ineligible for "withholding of removal," under the Immigration Act, 8 U.S.C. 1231(b)(3)(A), or the Convention Against Torture, he may be eligible for “deferral of removal” under only the Convention. The immigration judge found it more likely than not that Estrada will be tortured if he is removed to Honduras. The Board was required to review that factual finding only for clear error, not de novo.
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