Lopez v. Garland

Citing Rodriguez-Arias v. Whitaker, 915 F.3d 968, 973 (4th Cir. 2019), the Court held that in assessing whether a noncitizen has established a likelihood of torture—the agency is required to “combine[ ]” or “aggregate[ ]” “the risks of torture from all sources” by “add[ing] the amount of risk” posed by each potential source and “then determin[ing] whether that sum is greater than 50%.” Accordingly, the Government conceded that the agency only considered the risk of torture by the Petitioner’s husband, therefore, the case was vacated and remanded on account of the agency’s legal error.

Date of Decision