202662P.pdf   04/28/2022  Musla Salat  v.  Merrick B. Garland
   U.S. Court of Appeals Case No:  20-2662
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Shepherd, Author, with Colloton and Kelly, Circuit Judges] 
   Petition for Review - Immigration. The IJ granted petitioner's request for 
   deferral of removal under CAT, finding he had met his burden of proving 
   that it was more likely than not he would experience torture if removed to 
   Somalia; the BIA reversed, finding the IJ erred in concluding petitioner 
   would more likely than not be placed in a mental health facility and that 
   if placed there it would be one where there is specific intent to torture; 
   the BIA further found that the IJ erred in finding petitioner would more 
   likely than not be forcibly evicted from an internally displaced person 
   camp by the Somali government and relocated to an area controlled by 
   al-Shabab; petitioner seeks review of the order vacating the IJ's decision 
   and ordering him removed to Somalia. Held: the BIA squarely addressed the 
   evidence on which the IJ based its finding and provided sufficient 
   justification as to why petitioner would not be institutionalized at a 
   private mental health facility, given his lack of familial commitment and 
   financial support; the BIA also gave sufficient justification for its 
   determination that petitioner failed to show that he would more likely 
   than not be tortured as an internally displaced person forcibly evicted 
   from a camp; however, further proceedings are required for the BIA to 
   address in the first instance the IJ's findings regarding petitioner's 
   likely treatment in a camp for internally displaced persons and what part 
   of the camp experience would constitute torture, and the matter is 
   remanded to the BIA for further proceedings. Judge Colloton, concurring. 
   Judge Kelly, concurring.