Andrade-Garcia v. Lynch

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Petitioner, a native and citizen of Guatemala, seeks review of the IJ's determination that he lacked a reasonable fear of torture and is therefore not entitled to relief under the Convention Against Torture (CAT) from his reinstated removal order. The court concluded that the IJ's determination is not limited to the question whether it was “facially legitimate and bona fide.” The court reviewed the IJ's negative reasonable fear determination for substantial evidence. In this case, the court held that substantial evidence supports the IJ’s conclusion that petitioner failed to demonstrate government acquiescence in torture sufficient to establish a reasonable possibility of future torture under CAT. Accordingly, the court denied the petition for review. View "Andrade-Garcia v. Lynch" on Justia Law