Burden of Proof for Relief Under the Convention Against Torture
This article examines regulations and caselaw regarding the burden of proof under the more likely than not standard for relief under the Convention Against Torture.
This article examines regulations and caselaw regarding the burden of proof under the more likely than not standard for relief under the Convention Against Torture.
This article discusses withholding of removal under the convention against torture and deferral of removal for aliens more likely than not to be tortured if removed.
Statutory withholding of removal under section 241(b) allows for an alien to have an order of removal withheld due to a threat to life or freedom in the country of removal.
The BIA held in the Matter of M-H-Z- that there is no duress exception from the material support (section 212(a)(3)(B)(iv)(VI)) bar to asylum and withholding of removal.
In the Matter of Villalobos, the BIA held that it had jurisdiction to determine if an alien who benefitted from 245A legalization and adjustment was eligible for adjustment.
The Matter of Castro-Lopez held that when the 10-year physical presence requirement for NACARA cancellation, it stars with the most recently incurred ground of removal.
27 Whitehall Street, 5th Fl New York, NY. 10004
Attorney Advertising: prior results do not guarantee similar outcomes.
