Cabrera Vasquez v. Barr, No. 18-1226 (4th Cir. 2019)Annotate this Case
The Fourth Circuit granted a petition for review of the BIA's denial of petitioner and her son's application for relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The court vacated the BIA's order with respect to the CAT claim and remanded, holding that the BIA failed to fully consider the evidence in support of petitioner's CAT claim. In this case, petitioner and her son were threatened by members of a local street gang that, if they did not leave their native country of El Salvador within 24 hours, they would be murdered. Petitioner and her son decided to come to the United States after local law enforcement refused to provide any form of aid. The court held that the BIA's wholesale failure to fully consider the country conditions evidence petitioner presented to show government acquiescence in her torture constituted reversible error.