Cole v. Holder

I dissent because the majority, in reviewing Cole’s assertion that he will be tortured if returned to Honduras because of his gang tattoos, improperly substitutes its judgment for that of the BIA. Specifically, the majority: (1) manufactures a procedural basis for remand by deciding that the BIA failed to give “reasoned consideration” to Cole’s evidence; (2) fails to follow the standard for granting relief under the Convention Against Torture (“CAT”), see Arteaga v. Mukasey, 511 F.3d 940, 944 (9th Cir.2007), by reweighing the evidence and stringing together a series of hypothetical events to…