Case Explained: CALDERON V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-11 The ninth-circuit granted the petition for review, vacated the Board of Immigration Appeals’ (BIA) decision denying a motion to reopen proceedings, and remanded the case for further proceedings consistent with the court’s opinion. The court held that the BIA abused its discretion by concluding that Rolando Alberto Calderon failed to establish prima facie eligibility for relief under the Convention Against Torture (CAT). The court applied the “reasonable likelihood” standard required for a motion to reopen, which mandates only a threshold showing that the petitioner would likely prevail on the merits if the record were further developed. The court determined that the BIA erred in its analysis of three specific legal points: first, the legitimacy of the underlying imprisonment does not preclude a finding of torture; second, the agency failed to give reasoned consideration to evidence of systematic torture and cruel treatment by Salvadoran authorities and gang members under the “State of Exception,” including beatings, denial of food and water, and intentional infliction of pain; and third, the BIA improperly considered countervailing evidence regarding the possibility of release upon proving non-affiliation with MS-13, which is impermissible at the prima facie stage. The court found that Calderon’s evidence, including reports from Amnesty International and the U.S. Department of State regarding prison conditions in El Salvador, established a reasonable likelihood that he would be tortured by government officials or with their acquiescence if returned to his home country. As a practical consequence, the BIA must reconsider Calderon’s motion to reopen proceedings to assert his CAT claim without the legal errors identified by the court. Additionally, the court granted the petitioner’s pending motions to stay removal from the United States pending the outcome of the remanded proceedings. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.