In an unpublished decision, the Ninth Circuit Court of Appeals reversed both lower court decisions denying relief to our client, who had been held in immigration detention for several years. The Ninth Circuit, ruling in favor of the petitioner, found that he would be subject to torture if returned to his native country of El Salvador. The Court reasoned that an IJ’s adverse credibility finding does not preclude protection pursuant to the Convention Against Torture where it is more likely than not that the petitioner will be subject to torture. The decision resulted in the release of our client who had been held in immigration detention for several years without even being given an opportunity to seek bond. He is now free, living in California and counseling at risk youth through community and religious organizations.
See decision here: https://cdn.ca9.uscourts.gov/datastore/memoranda/2015/12/07/13-73958.pdf