Record contained sufficient evidence to support IJ’s and Bd.’s denial of petitioner’s application under CAT for deferral of removal, even though petitioner, who had multiple felony convictions, claimed that he faced substantial risk of torture if returned to Burundi. Ct. of Appeals rejected Third and Fourth Circuit’s quantitative or statistical approach to calculate risk of torture petitioner faced due to different reasons for risk and noted that IJ appropriately treated petitioner’s risk of torture as one cumulative substantial risk umbrella, as opposed to series of separate, independent risks, as claimed by petitioner. Also, IJ correctly rejected petitioner’s claim concerning alleged extorted bribe payments that were disguised as election contributions. Moreover, petitioner could only recite series of hypotheticals that might establish risk of torture.
Federal 7th Circuit Court
Civil Court
Immigration