Decision date: 2023-09-06

In a CAT case for a former MS-13 gang member from Honduras, the Fourth Circuit held that the IJ applied the proper standard for government acquiescence and that the IJ did not err in relying on countrywide statistics and mathematical probabilities to determine that Petitioner was not more likely than not to be tortured and. The Court also found that IJ used correct definition of torture and did not ignore, cherry-pick, or fail to meaningfully engage with Petitioner’s testimony, testimony from an expert, and country conditions evidence. 

Publication Status: Published

Case judge: Diaz, Heytens, Rushing

Decision: Ponce-Flores v. Garland, 80 F.4th 480 (4th Cir. 2023)