The Ninth Circuit Court of Appeals partially granted an individual’s petition for review of the Board of Immigration Appeals’ (BIA) denial of asylum and removal relief under the Convention Against Torture (CAT). The Circuit Court found the BIA erred in fully denying the petitioner’s asylum admission. While denying the appellant’s asylum claims, the Court granted her relief from removal.

The petitioner, a native of Honduras, endured repeated abuse at the hands of a former partner before fleeing to the U.S. She appealed to the Board after an immigration judge (IJ) denied her admission to the U.S. under asylum. The Board reinforced the IJ’s decision. The Board explained that the petitioner failed to prove the Honduran government was unable or unwilling to protect her.

After hearing the case, the Circuit Court ruled that the petitioner didn’t qualify for asylum. However, the Court explained she demonstrated the clear and present danger she faced if she were sent back to Honduras.

The court explained that individuals applying for asylum need to prove that:

• Their treatment is or equals persecution.
• Said persecution was on account of one of more protected grounds (such as race, gender, religion, political beliefs, etc.).
• The government of the petitioner’s native country either participated in their persecution or did nothing to prevent it.

The court explained the Board’s ruling ignored a plethora of circumstantial and indirect evidence showing the Honduran government wouldn’t protect the petitioner from further harm if removed. Therefore, the court granted the petitioner relief from removal.

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