The U.S. Court of Appeals for the Ninth Circuit heard arguments last week in an immigration case involving the Convention against Torture – a case prepared by a team of students in the Appellate Litigation Clinic here at the University of Georgia School of Law.
Georgia Law 3L Jason N. Sigalos argued on behalf of client Graciela Arellano Herrera in Case No. 19-72750, Arellano Herrera v. Barr. On account of the covid-19 pandemic, Sigalos’ argument was delivered virtually (video here), to a panel composed of Ninth Circuit Judges Margaret M. McKeown and Lawrence James Christopher VanDyke, along with U.S. District Judge Virginia Mary Kendall, sitting by designation. (Sigalos, who spoke from Georgia Law’s Hatton Lovejoy Courtroom, is pictured above at bottom right.)
Together they represent appellant Arellano Herrera, the mother of seven children and grandmother of another seven, all U.S.-born citizens. The client herself has lived in this country since her parents brought her to the United States three days after her birth in Mexico.
Her appeal seeks reversal of a Board of Immigration Appeals order that she be removed from the United States. Relying on non-refoulement (non-return) obligations the United States took on when it ratified the 1984 Convention Against Torture, she argues that prior forced involvement with a drug cartel makes it unsafe for her to relocate anywhere in Mexico. She contends that if she were she to be sent back, it is more likely than not that cartel members would torture her, with the acquiescence of one or more public officials.
The Ninth Circuit panel is now deliberating.