The Ninth Circuit has granted a petition for review filed by a Salvadoran man seeking to reopen proceedings to submit new evidence of torture under El Salvador's "state of exception," holding that the BIA erred by effectively requiring him to produce statistical or quantitative evidence of his risk of torture rather than considering all relevant evidence as the CAT regulations require.
The Court held that CAT's implementing regulations direct the agency to consider all evidence relevant to future torture, including credible testimony, expert reports, and country-conditions evidence, and that requiring quantitative proof imposes a nearly insurmountable burden given that repressive governments have strong incentives to suppress reliable torture statistics. The Court also held the BIA failed to give reasoned consideration to two of the petitioner's three expert reports, and that his individualized evidence, including his tattoos, criminal history, and rival-gang associations, compelled the conclusion that he showed a reasonable likelihood of establishing eligibility for CAT protection in a reopened proceeding.
The full text of Parada Calderon v. Blanche can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2026/08/28/25-2204.pdf