Calderon v. Blanche — 9th Cir. (argued August 5, 2026)
The United States Court of Appeals for the Ninth Circuit hears argument in Calderon versus Blanche. The case concerns a motion to reopen removal proceedings so that the petitioner, Mr. Calderon, can seek protection under the Convention Against Torture. Mr. Calderon faces removal to El Salvador. He argues that if he were returned, Salvadoran authorities would likely detain him under that country's state of exception as a suspected gang member, and that he would be tortured in government custody. The immigration judge denied his motion to reopen, finding that while detention was reasonably likely, the statistical evidence of torture among the roughly eighty thousand detainees was insufficient. The petitioner contends the agency applied the wrong legal standard at the reopening stage, demanding proof of the ultimate claim rather than merely a reasonable likelihood of establishing eligibility. The record includes reports from Amnesty International and other organizations documenting widespread beatings, electric shocks, and other abuses in El Salvador's detention centers. The government maintains the agency correctly assessed the evidence and applied the proper threshold.
Calderon v. Blanche (No. 25-6153) — U.S. Court of Appeals for the Ninth Circuit, argued August 5, 2026.
- 0:00Introduction
- 2:15Counsel for Petitioner
- 2:40CAT reopening stage
- 15:41Counsel for Respondent
- 16:06Prima facie eligibility
- 28:34Awaiting decision