Gaksakuman v. U.S. Attorney General, No. 13-12893 (11th Cir. 2014)Annotate this Case
Petitioner, a native of Sri Lanka, sought review of his recent order of removal and an earlier order of removal. The court held that it lacked jurisdiction to review the earlier order where the order was final and petitioner declined to pursue a timely petition for its review, as well as failed to exhaust his earlier arguments in his second appeal to the Board. In regards to the recent order, at issue was whether silence in a report of the Department of State about torture of asylum seekers on return to an alien's home country may rebut affirmative evidence of that torture presented by the alien. The court concluded that the silence of a State Department report cannot, without more, rebut the affirmative evidence petitioner presented. Accordingly, the court vacated the Board's order and remanded for further proceedings.