SAN DIEGO — A federal appeals court on Friday overturned decisions that put the burden of proof on foreigners who claim they were tortured in their home countries to show they cannot safely return to another part of the country they fled.
The 9th U.S. Circuit Court of Appeals said it is neither the responsibility of the petitioner nor the government to determine if it is safe for the person to return to another part of the country than where the torture occurred.
An expanded panel of judges in San Francisco ruled for Roberto Curinsita Maldonado, who appealed a finding by the U.S. Board of Immigration Appeals that he didn’t qualify for a reprieve from deportation under the U.N. Convention Against Torture because he failed to prove he would be unsafe in any part of Mexico. A U.S. asylum officer had found that Maldonado’s allegations of being tortured by police in the central Mexican state of Michoacan were credible.
The judges returned Maldonado’s case to the Board of Immigration Appeals, an administrative panel in the U.S. Justice Department,
It was not immediately clear how much impact the ruling would have on others seeking to remain under the U.N. convention. Kathryn Mattingly, a spokeswoman for the Justice Department’s Executive Office for Immigration Review, said the agency had no comment on the decision.