WASHINGTON, D.C. – A man from Uzbekistan will be deported from the United States after the Board of Immigration Appeals ruled that he did not meet the legal standard to stay under protection laws meant to prevent torture.
According to Matter of J-A-, the respondent claimed that if sent back to Uzbekistan, he would be jailed and tortured due to pending terrorism charges. He said he was previously detained in Russia based on false claims and was later attacked in Turkey by men he believed were Uzbek agents. He was arrested in the U.S. in April 2024 on an Interpol Red Notice and applied for asylum and protection under the Convention Against Torture.
However, the Immigration Judge found the man’s testimony to be unreliable due to conflicting details and missing information. The judge denied his asylum and withholding of removal claims, citing concerns about national security, but granted him limited protection (deferral of removal) under torture laws.
The Department of Homeland Security appealed the deferral, and the appeals board agreed, reversing that part of the ruling. The board found that while the man might be detained upon return, there wasn’t enough evidence to prove he would be tortured or that the Uzbek government would intend to inflict such harm.
The board also rejected the use of general reports or isolated cases of mistreatment as evidence, saying they did not prove the man himself would face torture. Additionally, the court found no clear signs that he was being targeted for illegitimate reasons, like religion or political opinion.
As a result, his protection claim under the Convention Against Torture was denied, and he will be removed to Uzbekistan.
Case No. 29 I&N Dec. 253 (BIA 2025)
Decided August 8, 2025, by the Board of Immigration Appeals.
