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9th Circuit En Banc Decision Affirms, In Part, Attorney Stanley Radtke’s Appeal of BIA Decision in Maldonado v. Holder
Mira Law Group Attorney Stanley Radtke’s appeal of a BIA decision, which he spearheaded as an Associate with his former employer, was ruled upon by the Ninth Circuit in an En Banc opinion. The Court affirmed Stanley’s argument, in part, by overruling the BIA rejection of Petitioner’s claim because he failed to prove that internal relocation was impossible. The Court ruled that neither the Petitioner nor the government should bear the burden to prove that internal relocation is impossible, when considering a non-citizen’s claim for withholding of removal pursuant to the Convention Against Torture. Rather, to the extent that internal relocation is an issue in the case, the Immigration Court should consider it when determining whether it is more likely than not that the Petitioner would be tortured if removed.