Split 5th Circ. Says Anti-Torture Law Doesn't Stop Deportation

By Jennifer Doherty (September 1, 2021, 6:18 PM EDT) -- A divided Fifth Circuit panel ruled Wednesday that a Honduran man who has already survived being stabbed, beaten and shot by members of the MS-13 gang in Honduras must be sent back since he could not prove that government officials were involved.

The ruling marked the third time a U.S. court has held that Sergio L. Tabora Gutierrez was clearly brutalized in his home country, and is likely to face further brutality and possibly death if he returns. Nevertheless, the panel's majority, like the immigration judge and the Board of Immigration Appeals before it, held that it could not grant Tabora...

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