The Ninth Circuit has remanded an application for protection under the Convention Against Torture, citing the “extreme violence against individuals on the basis of perceived gang affiliation, deportee status, indigenous heritage, mental illness, and substance abuse. Petitioner has all of these characteristics, each of which would independently place him at risk of torture if he were removed to Mexico.” In addition, the Court declined to dismiss the petition for review under the fugitive disentitlement doctrine, citing the government’s delay of over two years from the petitioner’s missed appointment with ICE to the filing of the motion to dismiss and the government’s own evidence that the petitioner was likely in criminal custody, and thus, his whereabouts were likely known to the parties and the Court.
The full text of Uc Encarcion v. Bondi can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2025/09/30/22-1601.pdf