Hugo Martinez-Davalos v. Loretta Lynch

MEMORANDUM

Hugo A. Martinez-Davalos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeal’s (“BIA”) denial of deferral of removal under the Convention Against Torture (“CAT”). As the parties are familiar with the facts, we do not recount them here. We grant the petition and remand for further proceedings consistent with this disposition.

1. As a preliminary matter, we have jurisdiction under 8 U.S.C, § 1252(a). See Pechenkov v. Holder, 705 F.3d 444, 448 (9th Cir. 2012) (holding that jurisdiction remains where the immigration judge “denies relief on the merits, for failure to demonstrate the requisite factual grounds for relief, rather than in reliance on the conviction”). We decline the government’s request to revisit our decision in Pechen-kov.

2. In the first iteration of this ease, the Immigration Judge (“IJ”) found Martinez credible, and held that he met his burden to show that it is more likely than not he would be tortured if he returns to Mexico.

See 8 C.F.R. § 1208.16 (c)(2). Thus, the IJ granted Martinez CAT relief. The BIA vacated that decision on appeal and the case was then appealed to this court. We granted the government’s…