Hernandez-Landaverde v. U.S. Attorney General — 11th Cir. (Oct 1, 2026)

No. 25-10166 Argued October 1, 2026 Published October 6, 2026

The Eleventh Circuit hears Hernandez-Landaverde versus the U.S. Attorney General. Juan Carlos Hernandez-Landaverde seeks protection against being sent to El Salvador, where he says he would be detained as a suspected gang member and tortured. He denies gang membership. An immigration judge found that he was more likely than not to face torture and granted protection under the Convention Against Torture. A divided Board of Immigration Appeals, which reviews immigration judges' decisions, reversed that ruling. Under its regulations, the Board reviews factual findings only for clear error; it cannot overturn them simply because it would weigh the evidence differently. Hernandez-Landaverde says the Board crossed that line by substituting its own assessment of the evidence about prison abuse and his individual risk. The appeal asks whether the Board applied the required standard and lawfully reversed the judge's prediction.

Hernandez-Landaverde v. U.S. Attorney General (No. 25-10166) — U.S. Court of Appeals for the Eleventh Circuit, argued October 1, 2026.

Sources

Argument audio — U.S. Court of Appeals for the Eleventh Circuit:https://www.ca11.uscourts.gov/sites/default/files/oral_argument_recordings/25-10166_10012026.mp3

Official argument listing — Eleventh Circuit:https://www.ca11.uscourts.gov/oral-argument-recordings?page=0

Filed amicus brief — former immigration judges and Board members, supporting petitioner:https://immigrationcourtside.com/wp-content/uploads/2025/04/Hernandez-Landaverde-Roundtable-Amicus-Brief.pdf

Board's scope of review — 8 C.F.R. § 1003.1(d)(3):https://www.ecfr.gov/current/title-8/chapter-V/subchapter-A/part-1003/subpart-A/section-1003.1

Clear-error standard — Anderson v. City of Bessemer City, 470 U.S. 564, 573–575 (1985):https://supreme.justia.com/cases/federal/us/470/564/

0:00Introduction