Al Amiri v. Rosen

United States Court of Appeals For the First Circuit No. 19-1447 SALIM T. AL AMIRI, Petitioner, v. JEFFREY ROSEN, Acting U.S. Attorney General, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Howard, Chief Judge, Barron, Circuit Judge, and Katzmann, Judge. J. Christopher Llinas, with whom Llinas Law, LLC was on brief, for petitioner. Brooke M. Maurer, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, with whom Ethan P. Davis, Acting Assistant Attorney General, Civil Division, and Nancy E. Friedman, Senior Litigation Counsel, were  Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Acting Attorney General Jeffrey Rosen has been substituted for former Attorney General William P. Barr.  Of the United States Court of International Trade, sitting by designation. on brief, for respondent. January 11, 2021 BARRON, Circuit Judge. Salim Al Amiri, an Iraqi citizen, seeks relief from removal on the grounds of asylum, withholding of removal, and protection under the United Nations Convention Against Torture ("CAT"). He premises his requests for such relief on the harm that he fears that he would be subjected to in Iraq at the hands of members of Iraq's military or civilian insurgents operating in that country. Al Amiri contends that he has reason to fear he would be subjected to that harm on account of his work as a paid contractor for the United States Army during the war in Iraq, as in that role he educated U.S. soldiers about Iraqi customs and practices as they prepared for their deployment. We vacate and remand the ruling of the Board of Immigration Appeals ("BIA") denying his claims for asylum and withholding of removal, but we deny his petition insofar as it challenges the BIA's ruling rejecting his CAT claim. I. Al Amiri was born in Iraq in 1983, but he then left that country with his family in 1991. He spent several years in refugee camps in Saudi Arabia before coming with his family to the United States. In November of 1994, Al Amiri was granted lawful permanent resident status in this country, where he has resided ever since. He has two children, both of whom are American citizens. During the war in Iraq, he was hired by the U.S. government to train Army personnel. In that role, he taught - 3 - soldiers about Iraq's cultural norms and how to interact appropriately with the general population in that country, including how to treat women and children and how to enter another's home respectfully. He completed his duties successfully and received a certificate of appreciation from the U.S. government for his services. Since moving to the United States, Al Amiri has traveled to Iraq at least three times, in 2015, 2017, and 2018. On his most recent trip there, which began in May 2018, Al Amiri and his family spent six weeks visiting his grandmother, who was in poor health. Al Amiri's petition for review may be traced to events that transpired upon ...

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