DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
201829P.pdf 08/13/2021 Awil Mohamed v. Merrick B. Garland
U.S. Court of Appeals Case No: 20-1829
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Kobes, Author, with Kelly and Grasz, Circuit Judges]
Petition for Review - Immigration. The IJ granted petitioner CAT relief,
finding it was more likely than not that he would be tortured by
al-Shabaab if he were returned to Ethiopia, and the BIA reversed and
ordered his removal, concluding the IJ's factual conclusions were clearly
erroneous because they were based on a hypothetical chain of occurrences
and not a plausible view of the facts and record in the case. Held: the
BIA applied the correct legal standard and did not engage in impermissible
factfinding; nor did the BIA improperly analyze the state acquiescence
element required for CAT relief when it determined the evidence provided
to support this claim was simply insufficient to support the IJ's
conclusion regarding government acquiescence. Judge Kelly, dissenting.