Background
Maria Gloria Vasquez-Mebo, a native and citizen of Peru, appealed an Immigration Judge’s decision denying relief of deferral of removal under the Convention Against Torture. The Board of Immigration Appeals dismissed her appeal and ordered her removal from the United States.
The court’s reasoning
To be granted relief, the petitioner must demonstrate that it is more likely than not that she will be tortured if she returns to Peru. The court reviews the denial of relief under the Convention Against Torture for substantial evidence, meaning the agency’s findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary. Upon review, the court found that the record evidence does not compel reversal of the agency’s denial of relief.
What it means going forward
The petitioner’s request for deferral of removal under the Convention Against Torture remains denied, and the order of removal stands.
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