Eight Circuit: Awil Mohamed v. Merrick B. Garland

 

Where there is a thresold event necessary for the violence that petitioner claims would result from deportation, the court should consider the sequence of events, rather than the risk factors in the aggregate.

Board did not impermissably find facts when pointing out that, given the situation in the country, the probablility of the adverse events occuring was low.

For purposes of the statute, a government unable but not unwilling to stop the torture does not acquiesce in it.

DISSENT

Considering the risk factors in the aggregate is consistent with governing law.  Board found facts, and they don't necessarily establish that it isn't more likely than not that petitioner will be tortured.

http://media.ca8.uscourts.gov/opndir/21/08/201829P.pdf