On October 29, 2015, the Executive Office for Immigration Review granted deferral of removal for a client of the HMA Law Firm, who had been seeking relief under the Convention Against Torture (CAT). CAT claims are rarely granted; in 2014, under 5% of CAT claims were granted relief (EOIR FY 2014 Statistics Yearbook, Page M-1). Deferral of removal claims, in particular, were granted a scant 1.08% of the time.
For someone to obtain deferral of removal under the CAT, they must demonstrate that they will likely be tortured in their home country, either by the government — or by someone else with the acquiescence of the government.
Here, our client was able to show the court that, through the past harms his family has suffered from being specifically singled out and targeted by gangs and his bearing a tattoo similar to a gang symbol, he would be at risk in Honduras, no matter where he was in the country. The court also concluded that the utter lack of police investigation, high levels of official corruption and involvement with organized crime, and use of extrajudicial violence and torture by government security forces indicated that the Honduran government “fails to protect victims of violence by gangs and criminal organizations.”
Because there was nowhere for our client to seek protection from the violence he was likely to face upon his return to Honduras, and because the Honduran government would deliberately turn a blind eye to the dangers he would face from both gangs and Honduran security forces, the court granted our client deferral of removal.
Attorneys Sharifa Abbasi and Humza Kazmi litigated this case. If you have any further questions about the CAT or deportation defense, feel free to contact the HMA Law Firm.
DISCLAIMER: Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Humza Kazmi, Esq.
