Haile, et al. v. Holder, Jr., No. 06-74309 (9th Cir. 2011)
Annotate this CaseIn consolidated petitions for review, petitioner challenged two decisions by the BIA: first, challenging the finding that she was statutorily ineligible for asylum, withholding of removal and protection under the Convention Against Torture (CAT) in the form of withholding of removal based on the terrorism bars in 8 U.S.C. 1158(b)(2)(A)(v); and second, challenging the finding that she was not entitled to deferral of removal under the CAT. The court held that because the BIA's conclusions that the Eritrean Liberation Front (ELF) was a terrorist organization and that petitioner engaged in terrorist activities were supported by substantial evidence and that the court lacked jurisdiction to address other arguments raised by petitioner, the court denied in part and dismissed in part those aspects of the petitions for review. The court held, however, that because the record compelled the conclusion that petitioner had demonstrated that it was more likely than not that upon a return to Eritrea she would be tortured by or with the acquiescence of the Eritrean government, the court granted relief of removal under the CAT.
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