Perez-Trujillo v. Garland, No. 11-1481 (1st Cir. 2021)
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The First Circuit denied one of Petitioner's petitions for review of two decisions by the Board of Immigration Appeals (BIA) but granted the other petition, holding that the government failed to prove that the BIA, in overturning an immigration judge's (IJ) ruling granting Petitioner adjustment of status, considered hardship as it was required to do.
The two decisions at issue were: (1) the BIA's 2011 ruling affirming the denial of Petitioner's application for asylum, withholding or removal, and protection under the Convention Against Torture (CAT); and (2) the BIA's 2017 ruling reversing the grant of Petitioner's application for adjustment of status. The First Circuit denied Petitioner's 2011 petition and granted his 2017 petition, holding (1) there was no merit to any of Petitioner's challenges to the BIA's affirmance of the IJ's denial of his asylum, withholding of removal, and CAT claims; and (2) the BIA erred in denying Petitioner's application for adjustment of status because it ignored altogether a particularly salient aspect of the hardship showing that Petitioner was trying to make.
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