Tandap v. Barr
825 Fed.Appx. 391 (7th Cir., 2020)
Seventh Circuit Court of Appeals
On September 8, 2020, the Seventh Circuit Court of Appeals rendered a favorable decision on a Petition for Review for a Cameroonian citizen, represented by Christine P. Varghese of Chicago Immigration Advocates Law Offices, whose claim to seek asylum, withholding of removal, and and protection under the U.N. Convention Against Torture was denied by the lower court.
Ms. Varghese was hired after Mr. Tandap was ordered removed by the Immigration Court and Board of Immigration Appeals. Ms. Varghese filed a motion to reopen his immigration proceedings before the Board of Immigration Appeals in order to apply for asylum, withholding of removal, and protection under the U.N. Convention Against Torture (“CAT”) based on the Cameroonian government’s growing mistreatment of the Anglophone minority group to which he belonged. Attorney Varghese successfully persuaded the Court that the Board of Immigration Appeals made serious reversible errors in its decision – namely that the Board improperly used the incorrect standard of proof and improperly ignored the expert report as well the client’s arguments for CAT protection.
Among other reasons for reversing the Board of Immigration Appeals, the Court said in conclusion:
"the Board erred by ignoring Tandap's claim for relief under the Convention Against Torture. In his motion to reopen, Tandap highlighted this claim as the “first and foremost” form of relief upon which he sought reopening. A motion to reopen under the Convention “is distinct from an asylum claim and deserves independent substantive consideration.” * * * The failure to provide any rational explanation for denying this claim is an abuse of discretion."
Chicago Immigration Advocates Law Offices continues to demonstrate, through the efforts of Ms. Varghese, that no matter how complex your case might appear to be, if any lawyers are going to win your case, it will be Chicago Immigration Advocates Law Offices.