Standards of Review for Reversing Decisions Made by Immigration Courts

Journal of the American Academy of Psychiatry and the Law

article

Cassidy H. Cooper¹  Paul E. Noroian¹ 

[1] Law and Psychiatry Program Department of Psychiatry University of Massachusetts Medical School Worcester

关键词: Convention Against Torture;    asylum;    deferral of removal;    Board of Immigration Appeals;    standards of review;   

DOI  :  10.29158/JAAPL.210084L1-21

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

Convention Against Tortureasylumdeferral of removalBoard of Immigration Appealsstandards of reviewNinth Circuit Standard for Overturning a Decision of an Immigration Judge by the Board of Immigration Appeals Is “Clear Error”In Guerra v. Barr, 974 F.3d 909 (9th Cir. 2020), the Ninth Circuit Court of Appeals considered whether the Board of Immigration Appeals (BIA) erred when rejecting an immigration judge's (IJ) decision to grant Jose Eduardo Guerra deferral of removal under the Convention Against Torture because of his risk of torture secondary to his mental illness if deported to Mexico. Mr. Guerra appealed the BIA decision to reject the deferral of removal on the grounds that the BIA used improper standards of review in overturning the IJ's decision to defer removal under the Convention Against Torture. The Ninth Circuit remanded the case for the BIA to reconsider its decision using correct standards after determining that the BIA applied the wrong legal standard to Mr. Guerra's claim.

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