Ninth Circuit Panel Finds (By 2–1 Vote) That Jordanian Government Acquiesces In Honor Killings, Holds Jordanian Woman May Not Be Deported

The decision from this past week in Suradi v. Holder:

Iman Khalil Suradi (“Suradi”), a native and citizen of Jordan, petitions for review of the Board of Immigration Appeals’ (BIA) rejection of her application for deferral of removal under the Convention Against Torture (CAT). We grant the petition and remand to the BIA for further proceedings consistent with this disposition.

To establish eligibility for deferral of removal under CAT, Suradi must demonstrate “only a chance greater than fifty percent that [she] will be tortured if removed” to Jordan. The torture may be “inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” “Acquiescence of a public official requires that the public official, prior to the activity constituting torture, have awareness of such activity and thereafter breach his or her legal responsibility to intervene to prevent such activity.” ...

The record compels the conclusion that Suradi will more likely than not be killed in an honor killing if she is removed to Jordan. Suradi testified that it is “something definite” that she will be killed due to the shame of her extramarital affairs and drug conviction. Under § 1208.16(c)(2), this testimony alone, even if not corroborated, may be sufficient to sustain her burden. However, her brother corroborated her testimony, stating, “It’s not I think. I know that she will [be killed].” In addition, Suradi provided several articles and country reports describing the problem of honor killings in Jordan, a fact which the IJ acknowledged.

Substantial evidence does not support the IJ’s finding that Suradi has not reported any threats from her family or husband. This finding is directly contrary to Suradi’s credible testimony; her declaration in support of her asylum application asserts that her husband has explicitly threatened to kill her to “cleanse the dishonor” caused by her extramarital affairs in the U.S. Suradi also declares that her family has “threatened that I must end [an extramarital] relationship otherwise I would pay the price.”

Because the IJ and BIA were required to accept Suradi’s testimony as true, Ornelas-Chavez, 458 F.3d at 1056, and the testimony of both Suradi and her brother indicate it is nearly certain that Suradi will be killed, the record compels the conclusion that it is more likely than not that Suradi will be subjected to an honor killing by her family or estranged husband. There is no evidence in the record rebutting her credible testimony....

The IJ’s finding that the Jordanian government does not acquiesce in honor killings is not supported by substantial evidence. Purporting to rely on the State Department’s human rights report on Jordan, the IJ found that there were only sixteen honor killings in Jordan in 2008, and that these killings were prosecuted by the government. Therefore, the IJ concluded that Suradi had failed to meet her burden to show that the government would more likely than not be unable or unwilling to prevent the harm. However, the IJ’s finding was based on a clear misreading of the State Department report.

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