H.H. v. GARLAND

Nos. 21-1150, 21-1230.

52 F.4th 8 (2022)

H.H., Petitioner, v. Merrick B. GARLAND, United States Attorney General, Respondent.

United States Court of Appeals, First Circuit.

October 21, 2022.


Attorney(s) appearing for the Case

SangYeob Kim , with whom Gilles Bissonnette and American Civil Liberties Union of New Hampshire were on brief, for petitioner.

Kristen A. Giuffreda , Trial Attorney, Office of Immigration Litigation, Civil Division, with whom Brian Boynton , Acting Assistant Attorney General, and Shelley R. Goad , Assistant Director, were on brief, for respondent.

Anna R. Welch , Suzannah Dowling (Student Attorney), and Cumberland Legal Aid Clinic, University of Maine School of Law on brief for amici curiae Immigration Law Professors.

William J. Aceves , California Western School of Law, Nathan P. Warecki , and Nixon Peabody LLP on brief for amici curiae Current and Former U.N. Special Rapporteurs on Torture.

Adam Gershenson , Zachary Sisko , Marc Suskin , Valeria M. Pelet del Toro , Samantha Kirby , and Cooley LLP on brief for amici curiae Former Immigration Judges and Former Members of the Board of Immigration Appeals.

Before Gelpí, Lipez, and Howard, Circuit Judges.


Petitioner H.H.1 seeks review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for deferral of removal to Honduras under the Convention Against Torture ("CAT"). He argues that the immigration judge ("IJ") applied the incorrect legal standard in assessing...

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