United States Court of Appeals for the Ninth Circuit
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT HUBERT GEORGE COLE, Petitioner, No. 09-73625 v. Agency No. A092-817-988 ERIC H. HOLDER JR., Attorney General, OPINION Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted December 7, 2010—Pasadena, California Filed September 22, 2011 Before: John T. Noonan, Marsha S. Berzon, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Berzon; Concurrence by Judge Noonan; Dissent by Judge Callahan 17957 17960 COLE v. HOLDER COUNSEL Fatma E. Marouf, Marouf Law Group, Los Angeles, Califor- nia, for the petitioner. Tony West, Assistant Attorney General, Civil Division, Thomas B. Fatouros, Senior Litigation Counsel, and Pegah Vakili and Yedidya Cohen, Trial Attorneys, Office of Immi- gration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent. COLE v. HOLDER 17961 OPINION BERZON, Circuit Judge: We consider the application of Hubert George Cole (Cole), a citizen and national of Honduras, for deferral of removal under the Convention Against Torture (CAT). The Board of Immigration Appeals (BIA) denied the application, conclud- ing that Cole had not established he would more likely than not be tortured if removed to Honduras. Because the BIA failed to give reasoned consideration to potentially dispositive testimony by Cole’s expert witnesses and did not address all of Cole’s claims, we grant the petition and remand to the BIA. I. Cole, a 40-year-old, black, former gang member, was born in Honduras and entered the United States at age eleven with his mother and two sisters.
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