Martinez De Artiga v. Barr, No. 17-2898 (2d Cir. 2020)Annotate this Case
To hold categorically that an applicant for relief under the Convention Against Torture must be threatened more than once and that such a person must suffer physical harm before fleeing is an error of law.
The Second Circuit granted a petition for review challenging the denial of petitioner's application for asylum, withholding of removal, and protection under the CAT. The court held that the IJ erred as a matter of law for penalizing petitioner for her prompt flight. Although the IJ credited petitioner's testimony that the threats received by the MS-13 gang were believable and no way remote, it erred by requiring that petitioner and her family wait until they suffered physical harm or until the threats recurred before they fled. The court remanded for further proceedings.