First Circuit Win in Convention Against Torture Case

Background of Case

The client applied for protection under the Convention Against Torture with the Boston Immigration Court because members of Boko Haram had repeatedly attacked his family while looking for him after he participated in an investigation into Boko Haram’s ties to the Nigerian police. The Immigration Court denied his application, saying he did not show a public official would acquiesce to his torture by Boko Haram because the Nigerian government is trying to stop Boko Haram, and the Board of Immigration Appeals affirmed.

Outcome

Murray Osorio appealed the client’s case to the Federal Court of Appeals for the First Circuit. The First Circuit found the Immigration Judge and Board of Immigration Appeals applied an incorrect legal standard when deciding if a public official would acquiesce to the client’s torture and sent the case back to allow our client another chance to demonstrate his eligibility for protection under the Convention Against Torture.

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