Sunday, October 19

Fourth Circuit denies El Salvador woman’s petition in asylum and torture protection case

RICHMOND, VA, October 17, 2025 — The U.S. Court of Appeals for the Fourth Circuit denied a petition for review filed by Sandra Yesenia Escobar-Amaya, who sought asylum, withholding of removal, and protection under the Convention Against Torture after fleeing El Salvador.

Escobar-Amaya claimed she suffered abuse from her former partner and feared further harm if returned to El Salvador. The immigration judge denied her claims based on an adverse credibility finding, concluding that inconsistencies in her testimony undermined her account. The judge also found that her supporting evidence did not establish a likelihood of torture.

On appeal, Escobar-Amaya argued that her inconsistencies stemmed from mental incompetency and that the judge should have conducted a competency evaluation. The Fourth Circuit upheld the Board of Immigration Appeals’ ruling that no such assessment was required, noting that the record contained no indication of incompetency and that Escobar-Amaya’s psychological evaluation showed normal memory and comprehension.

The court also rejected her challenge to the denial of her Convention Against Torture claim, agreeing with the BIA that country-condition reports on domestic violence in El Salvador were irrelevant because her testimony was not found credible.

The panel, consisting of Chief Judge Diaz and Judges Harris and Rushing, denied the petition without oral argument.

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