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· 9/3/2015

Edin Avendano-Hernandez v. Loretta E. Lynch

Citations

  • 800 F.3d 1072
  • 2015 U.S. App. LEXIS 15685
  • 2015 WL 5155521

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an applicant’s rape by public officials was a “way of showing” the requisite “government involvement in a [Torture Convention] applicant’s torture”
  • noting that past torture “is ordinarily the principal factor” to support a CAT claim unless there are “changed circumstances”
  • upholding the BIA’s finding that a conviction for DUI that resulted in bodily injury to another was a particularly serious crime
  • noting “police specifically target the transgender community for extortion and sexual favors, and [] Mexico suffers from an epidemic of unsolved violent crimes against transgender persons”
  • “[T]he BIA may determine that [a DUI] offense constitutes a particularly serious crime on a case-by-case basis[.]”
  • Review “is limited to ensuring that the agency relied on the appropriate factors and proper evidence to reach [its] conclusion.” (internal quotations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Pregerson, Parker, Nguyen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.