CUESTA-ROJAS v. GARLAND

No. 20-1302.

991 F.3d 266 (2021)

Darwin Aliesky CUESTA-ROJAS, Petitioner, v. Merrick B. GARLAND, United States Attorney General, Respondent.

United States Court of Appeals, First Circuit.

March 15, 2021.


Attorney(s) appearing for the Case

Irene C. Freidel , with whom PAIR Project was on brief, for petitioner.

Gene P. Hamilton , Counselor to the Attorney General, U.S. Department of Justice, Office of the Attorney General, with whom Ethan P. Davis , Acting Assistant Attorney General, Civil Division, Zoe J. Heller , Senior Litigation Counsel, and Katherine S. Fischer , U.S. Department of Justice, Office of Immigration Litigation, Civil Division, were on brief, for respondent.

Before Lynch, Lipez, and Barron, Circuit Judges.


Darwin Aliesky Cuesta Rojas ("Cuesta Rojas"), a native and citizen of Cuba, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). We vacate and remand.

I....

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