HERNANDEZ-MARTINEZ v. GARLAND

No. 21-1448.

59 F.4th 33 (2023)

Gerson Antonio HERNANDEZ-MARTINEZ, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

February 2, 2023.


Attorney(s) appearing for the Case

Randy Olen on brief for appellant.

Brian Boynton, Acting Assistant Attorney General, Civil Division, Jessica E. Burns, Senior Litigation Counsel, Office of Immigration Litigation, and Edward C. Durant, Trial Attorney, Office of Immigration Litigation, on brief for respondent.

Before Kayatta and Howard, Circuit Judges, and Walker, District Judge.


In the wake of a police-aided assault that left him hospitalized, Petitioner Gerson Antonio Hernandez-Martinez fled to the United States, where he sought asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Finding Hernandez-Martinez credible, the Immigration Judge (IJ) nevertheless denied...

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