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.
221249P.pdf 12/15/2022 Eduardo Escobar v. Merrick B. Garland
U.S. Court of Appeals Case No: 22-1249
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Benton,
Circuit Judge]
Petition for Review - Immigration. The evidence the government introduced
on petitioner's alienage was not inherently unreliable and it was properly
admitted; any inconsistencies in the evidence went to the weight of the
evidence and not its admissibility; the IJ did not err in making
common-sense inferences when reviewing the evidence to determine whether
DHS met its burden of proving alienage; substantial evidence supported the
agency determination that DHS had met its burden of proving petitioner's
alienage by clear and convincing evidence; petitioner's CAT claim fails
because he cannot show that the Honduran government intends to inflict
torture or would otherwise acquiesce in torture committed by third persons
if petitioner was removed to Honduras.