One week after oral arguments put forward by students in the University of Georgia School of Law Appellate Litigation Clinic, the U.S. Court of Appeals for the Second Circuit today ruled on behalf of a Clinic client, whose immigration case involved the 1984 Convention Against Torture, an international treaty that the United States joined in 1994.
The client, a gay transgender rights advocate from the state of Guerrero, Mexico, and the petitioner in Case No. 20-1693, Santiaguez v. Garland, seeks deferral of removal pursuant to the treaty’s provisions respecting non-refoulement, or non-return. Specifically, the client asks not to be sent back to his home country, where his brother, also gay, recently was killed due to sexual orientation.
Georgia Law 3L Noah Nix (pictured above) argued on behalf of the client last week at the Second Circuit’s New York courthouse. He challenged prior rulings in the case, in which both the Immigration Judge and the Board of Immigration Appeals had agreed that no Mexican public official would likely acquiesce to the Clinic’s client being tortured if he returned. The Board of Immigration Appeals also had found that the Immigration Judge did not violate the client’s due process rights when refusing to allow a country conditions expert to testify at the client’s merits hearing.
Today the Second Circuit panel, composed of Chief Judge Debra Ann Livingston, Judge Barrington D. Parker Jr., and Judge Eunice C. Lee, ruled on behalf of the Clinic’s client. Specifically, reasoning that the agency had not properly considered the client’s evidence, the panel issued an order vacating the agency’s decision and remanding the case for further proceedings.
Assisting in brief-writing in the case were two Georgia Law students who have since graduated, Jared Allen and Olivia Hunter. The team worked under the supervision of Thomas V. Burch, the Clinic’s Director.