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Alvarado-Herrera V Garland Opinion.pdf

18-70191.pdf

Preview of Alvarado-Herrera v Garland Opinion

🔗 Source: cdn.ca9.uscourts.gov

📊 Size: 205 KB

📄 Pages: 22 pages

⬇️ Downloads: 175

Summary

The panel granted in part, denied in part, and dismissed in part Israel Alvarado-Herrera's petition for review of an immigration judge's decision affirming an asylum officer's negative reasonable fear determination in reinstatement proceedings, and remanded with instructions. The panel lacked jurisdiction to consider Alvarado-Herrera's contention that the Department of Homeland Security could not reinstate his 2013 expedited removal order due to regulatory non-compliance. The panel rejected Alvarado-Herrera's contentions that the agency lacked statutory authority to create the reasonable fear screening process and that the procedures violate the Fifth Amendment's Due Process Clause. The panel held that substantial evidence supported the immigration judge's determination that Alvarado-Herrera failed to establish a reasonable fear of persecution, but not a reasonable fear of torture, and remanded for a hearing before an immigration judge on the CAT claim.

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Description

The panel granted in part, denied in part, and dismissed in part Israel Alvarado-Herrera's petition for review of an immigration judge's decision affirming an...

Technical Information

File Format: PDF
File Size: 205 KB
Pages: 22
Language: EN
Total Downloads: 175
Last Updated: 4 weeks ago

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