Case Summary
**Case Summary: Manuel Coreas v. Eric Holder, Jr.**
**Docket Number:** 26-02855
**Court:** United States Court of Appeals for the Second Circuit
**Filing Date:** Docketed in 2012
**Background:**
Manuel Coreas, a native of El Salvador, sought relief from removal proceedings initiated by the United States government. He argued that his removal would violate the Convention Against Torture (CAT) because he faced a credible threat of torture upon his return to El Salvador due to his past experiences with gang violence and persecution.
**Legal Issues:**
The primary legal question in this case revolved around whether Coreas established a sufficient likelihood of torture by government or non-government actors if he were deported to El Salvador. Additionally, the case examined the adequacy of the Immigration Judge's (IJ) and the Board of Immigration Appeals' (BIA) rulings regarding the credibility of Coreas's claims and the potential for relief under CAT.
**Court's Decisions:**
The IJ denied Coreas's applications for asylum, withholding of removal, and relief under CAT, concluding that he had not demonstrated a well-founded fear of persecution or torture. The BIA upheld the IJ’s decision, leading Coreas to appeal to the Second Circuit.
**Outcome:**
The Second Circuit considered the evidence presented, including Coreas's personal testimony and country condition reports regarding violence and gang activity in El Salvador. The court ruled that the IJ and BIA had not properly assessed the totality of the circumstances surrounding Coreas's fear of torture. As a result, the court remanded the case for further proceedings, affirming the need for a thorough evaluation of the potential dangers Coreas could face if returned to El Salvador.
**Significance:**
This case highlights the challenges faced by individuals seeking asylum or protection under CAT, particularly with respect to demonstrating the likelihood of torture in their home countries. It underscores the importance of considering all available evidence and testimony in making determinations regarding claims of persecution and torture.