How have the courts interpreted the phrase "all evidence relevant to the possibility of future torture"?

MultiRegion, United States of America

The following excerpt is from De Leon-Lopez v. Garland, 19-72004 (9th Cir. 2021):

"In determining whether an individual will more likely than not be tortured, 'all evidence relevant to the possibility of future torture shall be considered.'" Cole v. Holder, 659 F.3d 762, 770 (9th Cir. 2011) (quoting 8 C.F.R. 1208.16(c)(3)). In some cases, where there is nothing in the record to suggest otherwise, a generalized statement that the BIA considered all evidence may be sufficient. Id. at 771. "But, where there is any indication that the BIA did not consider all of the evidence before it, a catchall phrase does not suffice, and the decision cannot stand. Such indications include misstating the record and failing to mention highly probative or potentially dispositive evidence." Id. at 771-72.

Other Questions


Is a factual finding from a state court relevant to the federal court review if the relevant record is unavailable for review? (MultiRegion, United States of America)
How have courts interpreted the phrase "the possibility that a container might be a package"? (MultiRegion, United States of America)
Can a defendant waive his right to receive translation services provided by a court interpreter under the Court Interpreters Act? (MultiRegion, United States of America)
What is the test for interpretation of Section 33 of the O.S.O.A.C.L.B.O., or, if any, how have courts interpreted the relevant provisions in the Equal Access Act? (MultiRegion, United States of America)
What is the test for a motion to compel the Court to dismiss a motion alleging that a judge has improperly interpreted the interpretation of a statutory interpretation of an administrative determination? ("New York", United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
How has the court treated the argument that the court improperly attributed more weight to circumstantial evidence than to direct evidence? (MultiRegion, United States of America)
Is statistical evidence relevant, relevant and probative when it reveals a disparity in treatment toward members of a racial minority in the course of certain discriminatory decisions by the employer? (Canada (Federal), Canada)
When assessing the evidence presented at trial, does a reviewing court need to conduct a thorough review of the state court record? (MultiRegion, United States of America)
What is the relevance of a trial court's decision to admit or exclude evidence in an abuse case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.