United States Third Circuit

In a petition for review of an order of the BIA dismissing petitioner's appeal from an administrative denial of relief under Article 3 of the CAT, petition is granted with a remand where the BIA: 1) incorrectly assumed that CAT protection does not extend to persons who fear entities that a government is unable to control; and 2) failed to take into account evidence in the record demonstrating that, if petitioner is removed to Colombia, he will more likely than not be tortured with the acquiescence of a public official.

Appellate Information

• Decided 12/05/2011
• Published 12/05/2011

Judges

• GREENAWAY

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Albania C. Almanzar, Jesse M. Bless