Legal Case Summary

Robleto-Pastora v. Holder


Date Argued: Wed Dec 10 2008
Case Number: 07-71492
Docket Number: 7850999
Judges:Beezer, Gould, Callahan
Duration: 28 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: Robleto-Pastora v. Holder** **Docket Number:** 7850999 **Court:** Board of Immigration Appeals **Date:** Information not specified **Overview:** The case of Robleto-Pastora v. Holder involves an immigration appeal by the petitioner, Robleto-Pastora. The petitioner was contesting a decision made by the Immigration Judge (IJ) regarding their eligibility for relief from removal. **Facts:** Robleto-Pastora, a native of El Salvador, faced removal proceedings based on allegations of being in the United States unlawfully. The petitioner applied for protection under the Convention Against Torture (CAT) and sought other forms of relief, claiming fear of persecution and torture if returned to El Salvador. **Issues:** 1. The primary legal issue hinged on whether the petitioner could credibly demonstrate a well-founded fear of persecution or torture if returned to their native country. 2. Consideration of past treatment of the petitioner in El Salvador and the prevailing conditions in the country that might affect the outcome of the appeal. **Judgment:** The Board of Immigration Appeals (BIA) evaluated the evidence presented during the removal proceedings, including the testimony of the petitioner and any supporting documents regarding conditions in El Salvador. The BIA upheld the Immigration Judge’s decision, determining that the petitioner did not sufficiently demonstrate eligibility for CAT protection or any other form of relief. **Conclusion:** As a result of the BIA's decision, Robleto-Pastora's appeal was dismissed, and the removal order was effectively upheld. This case highlights the challenges facing individuals from regions with significant persecution risks and underscores the stringent requirements necessary to establish eligibility for protection in the United States. **Significance:** This case serves as a precedent for similar immigration appeals involving claims of fear of persecution based on country conditions and the burden of proof required by petitioners seeking relief from removal.

Robleto-Pastora v. Holder


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