Background
Kingsley Otuya, a native and citizen of Nigeria, petitioned for review of a Board of Immigration Appeals order denying deferral of removal under the Convention Against Torture. The Board had affirmed an Immigration Judge’s decision. Otuya argued the agency failed to consider evidence regarding his risk of future torture in Nigeria.
The court’s reasoning
The court reviewed factual findings for substantial evidence. It held that Otuya failed to meet the heavy burden of showing the agency ignored key evidence, noting the agency considered documentary exhibits and testimony. The court further found that the agency’s conclusion that a link in the causal chain for torture was too speculative was supported by substantial evidence. The court noted that Otuya forfeited a second theory regarding torture by the Nigerian government by not raising it in his opening brief.
What it means going forward
The petition for review is denied, leaving the Board of Immigration Appeals order denying Convention Against Torture relief in place.
Podcast (federal-narrative-summaries): Play in new window | Download