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Keywords

tortappealburden of proofwill

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Luevano v. Holder

Facts

Maria Luevano, a native and citizen of Mexico, sought protection under the Convention Against Torture (CAT) after an immigration judge denied her application. She appealed the decision to the Board of Immigration Appeals (BIA), which also dismissed her appeal. Luevano's claims were based on her fear of torture upon returning to Mexico.

Maria Luevano, a native and citizen of Mexico, sought protection under the Convention Against Torture (CAT) after an immigration judge denied her application.

Issue

Did the Board of Immigration Appeals err in denying Luevano's application for protection under the Convention Against Torture?

Rule

Substantial evidence supports the agency's denial of CAT relief because the applicant must establish that it is more likely than not that she will be tortured by or with the consent or acquiescence of a government official if she returns to her home country.

Substantial evidence supports the agency's denial of CAT relief because Luevano failed to establish that it is more likely than not she will be tortured by or with the consent or acquiescence of a government official if she returns to Mexico.

Analysis

The court reviewed the BIA's decision for substantial evidence and found that Luevano did not meet the burden of proof required to establish a likelihood of torture. The court noted that Luevano failed to provide sufficient evidence that she would be tortured by or with the consent of a government official upon her return to Mexico.

The court reviewed the BIA's decision for substantial evidence and found that Luevano did not meet the burden of proof required to establish a likelihood of torture.

Conclusion

The court denied the petition for review in part and dismissed it in part, affirming the BIA's decision.

The court denied the petition for review in part and dismissed it in part.

Who won?

The Board of Immigration Appeals prevailed in the case because the court found that Luevano did not provide adequate evidence to support her claims of potential torture.

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Keywords

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