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Torres v. Mukasey

United States Court of Appeals for the Seventh Circuit
551 F.3d 616 (2008)


Facts

Pedro Flores Torres (plaintiff), a native and citizen of Honduras, sought from the United States government (defendant) asylum, withholding of removal, and protection under the Convention Against Torture. Upon finding that Torres’s evidence lacked credibility, the Immigration Judge (IJ) denied his request. The IJ based this decision on information gathered in a hearing in which the IJ played an overactive role, demonstrated impatience, engaged in improper lines of questioning, and relied on personal knowledge beyond the facts in the record. Additionally, in reaching his decision, the IJ relied on his own speculations regarding Torres’ family history as the nexus for his mistreatment. Torres appealed the IJ’s decision, and the Board of Immigration Appeals (BIA) summarily affirmed. Torres further appealed his case in federal court.

Rule of Law

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Issue

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Holding and Reasoning (Kanne, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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