Agonafer v. Sessions

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Petitioner sought review of the BIA's denial of his motion to reopen proceedings to apply for protection under the Convention Against Torture (CAT). Petitioner feared that he would be tortured on account of his sexual orientation if he is removed to his home country of Ethiopia. The Ninth Circuit held that it had jurisdiction over the petition pursuant to the exception to the jurisdictional bar of 8 U.S.C. 252(a)(2)(C) for reviewing mixed questions of law and fact, because the petition here required the panel to apply the law to undisputed facts. The panel also held that the BIA abused its discretion by disregarding or discrediting the undisputed new evidence submitted by petitioner regarding increased violence toward homosexuals in Ethiopia, including reports of violence by both the government and private citizens. Accordingly, the panel granted the petition for review. View "Agonafer v. Sessions" on Justia Law