Maldonado v. Holder, No. 09-71491 (9th Cir. 2015)Annotate this Case
Petitioner filed an application for deferral of removal under the Convention Against Torture (CAT), alleging that he was tortured by corrupt Mexican police officers after he was deported in 2000. The immigration judge denied the application. The Board of Immigration Appeals (BIA) dismissed Petitioner’s appeal, ruling that Petitioner was not eligible for deferral of removal under CAT because he failed to establish that internal relocation within Mexico was impossible. The Ninth Circuit reversed, holding (1) although Petitioner was removed to Mexico while this petition for review was pending, this petition was not moot because there was solid evidence that Petitioner was currently present in the United States; (2) Hasan v. Ashcroft, Lemus-Galvan v. Mukasey, Singh v. Gonzales, and Perez-Ramirez v. Holder are overruled to the extent they conflict with the plain language of the regulations governing internal relocation and deferral of removal under CAT; and (3) in light of the BIA’s reliance on the Court’s previous interpretation of section 8 C.F.R. 1208.16(c)(3), the cause must be remanded to the BIA for further proceedings consistent with this opinion.
This opinion or order relates to an opinion or order originally issued on July 29, 2014.