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Keywords

tortappealburden of proof
tortappealburden of proof

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Barry v. Barr

Facts

El Hadj Hamidou Barry, a native and citizen of Guinea, applied for deferral of his removal from the United States under the United Nations Convention Against Torture. Barry's application was denied by an immigration judge, who found that Barry failed to show he would likely be tortured if returned to Guinea. The Board of Immigration Appeals affirmed this decision. Barry's claims were based on his past experiences and fears related to his sexual orientation and his father's political affiliations, but the evidence was largely outdated and unsubstantiated.

El Hadj Hamidou Barry, a native and citizen of Guinea, applied for deferral of his removal from the United States under the United Nations Convention Against Torture. Barry's application was denied by an immigration judge, who found that Barry failed to show he would likely be tortured if returned to Guinea. The Board of Immigration Appeals affirmed this decision. Barry's claims were based on his past experiences and fears related to his sexual orientation and his father's political affiliations, but the evidence was largely outdated and unsubstantiated.

Issue

Did Barry establish that he is more likely than not to be tortured if removed to Guinea?

Did Barry establish that he is more likely than not to be tortured if removed to Guinea?

Rule

An applicant seeking deferral of removal under CAT bears the burden of establishing it is 'more likely than not that he or she would be tortured' in the proposed country of removal.

An applicant seeking deferral of removal under CAT bears the burden of establishing it is 'more likely than not that he or she would be tortured' in the proposed country of removal.

Analysis

The court applied the rule by evaluating the evidence presented by Barry, which included testimonies from him and his mother, as well as country reports. The immigration judge found that the evidence was insufficient to meet the burden of proof required for CAT deferral, noting that much of the evidence was based on outdated information and lacked direct correlation to current conditions in Guinea. The judge determined that Barry's fears were speculative and did not demonstrate a substantial risk of torture.

The court applied the rule by evaluating the evidence presented by Barry, which included testimonies from him and his mother, as well as country reports. The immigration judge found that the evidence was insufficient to meet the burden of proof required for CAT deferral, noting that much of the evidence was based on outdated information and lacked direct correlation to current conditions in Guinea. The judge determined that Barry's fears were speculative and did not demonstrate a substantial risk of torture.

Conclusion

The court denied Barry's petition for review, affirming the decision of the Board of Immigration Appeals and the immigration judge.

The petition for review is DENIED.

Who won?

The government prevailed in the case because the court found that Barry did not meet the burden of proof required to establish a likelihood of torture upon his return to Guinea.

The government prevailed in the case because the court found that Barry did not meet the burden of proof required to establish a likelihood of torture upon his return to Guinea.

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