NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 19-3843 _____________ JEAN CLAUDE WRIGHT, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA _____________ On Petition for Review of a Decision of the Board of Immigration Appeals (Agency No: A074-189-024) Immigration Judge: Leo A. Finston ______________ Argued May 26, 2021 ______________ Before: GREENAWAY, JR., SHWARTZ, Circuit Judges, and ROBRENO, District Judge * (Opinion Filed: October 5, 2021) Mary E. Levy Neilay Shah [ARGUED] Lauren Doig Sarah Kim Araesia King Temple University Beasley School of Law * The Honorable Eduardo C. Robreno, United States District Judge for the Eastern District of Pennsylvania, sitting by designation. 1719 North Broad Street Philadelphia, PA 19122 Jules Epstein Kairys Rudovsky Messing Feinberg & Lin 718 Arch Street Suite 501 South Philadelphia, PA 19106 Jessica Rickabaugh Tucker Law Group Ten Penn Center 1801 Market Street Suite 2500 Philadelphia, PA 19103 Attorneys for Petitioner Merrick Garland, Attorney General Kevin J. Conway [ARGUED] Sharon M. Clay United States Department of Justice Office of Immigration Litigation P.O. Box 878 Ben Franklin Station Washington, DC 20044 Attorneys for Respondent ______________ OPINION∗∗ ______________ GREENAWAY, JR., Circuit Judge. Petitioner Jean Claude Wright petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying (1) his motion for remand in order to present new ∗∗ This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. 2 evidence to the Immigration Judge (“IJ”) and (2) his application for relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). Wright contends that the BIA applied the wrong legal standard to his motion to remand. We agree. The BIA failed to address an apparent discrepancy between new evidence Wright sought to submit and certain statements in the brief Wright submitted to the BIA. Thus, we will remand to the BIA with instructions to remand to the IJ for further proceedings. I. Background In 1990, Yasin Abu Bakr, leader of Jamaat al Muslimeen (“JAM”), launched a coup in Trinidad and seized the parliament. Abu Bakr and his followers also attacked schools. Wright, who was eight-years old at the time, witnessed people being trampled and shot, and a school near his home was attacked. Wright’s father, Sinclear Moore, was a member of the Trinidadian Army and the task force that captured Abu Bakr. Moore resigned from the Trinidadian Army after Abu Bakr and several of his supporters were granted clemency and released from prison. In 1992, Moore moved to the United States. Two years later, fearing for Wright’s life, his mother sent him to the United States to live with Moore. Wright entered the United States at the age of 12 on a B-2 Visa and was eventually given a green card. Wright served in the United States Air Force from 2002 through 2008, when he was honorably discharged. Six months after his discharge, Wright was arrested for an incident involving a …
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