JOGELLY PAOLA TURCIOS-FLORES; TOMAS DASAET ARGUETA-TURCIOS; ANGEL ANDRES ARGUETA-TURCIOS v. MERRICK B. GARLAND, Attorney General - Articles

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JOGELLY PAOLA TURCIOS-FLORES; TOMAS DASAET ARGUETA-TURCIOS; ANGEL ANDRES ARGUETA-TURCIOS v. MERRICK B. GARLAND, Attorney General

Posted by: Tanja Trezise on May 5, 2023

Head Comment: READLER delivered a separate opinion concurring in part and dissenting in part.

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Justin S. Fowles, Samuel W. Wardle, FROST BROWN TODD, Louisville, Kentucky, for Petitioners.

Attorneys 2: ON BRIEF: Allison Frayer, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Judge(s): COLE, GIBBONS, and READLER, Circuit Judges

Court Appealed: On Petition for Review from the Board of Immigration Appeals

COLE, Circuit Judge. Jogelly Paola Turcios-Flores petitions for review of the Board of Immigration Appeals’ order affirming the Immigration Judge’s denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Board correctly denied Turcios-Flores’s application for protection under the Convention Against Torture and her asylum application insofar as it relates to her membership in her husband’s family. But because the Board’s decision with respect to two of Turcios-Flores’s additional proposed social groups was not supported by substantial evidence, and because the withholding-of-removal analysis was flawed, we grant the petition in part, deny the petition in part, and remand for further proceedings.

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