“Confirmed Judges, Confirmed Fears” is a blog series documenting the harmful impact of President Trump’s judges on Americans began to ’ rights and liberties. It includes judges nominated in both his first and second terms.
Trump judge Mark Bennett, who was nominated by Donald Trump to the Ninth Circuit court of appeals, cast the deciding vote to reject the contention of a person born in El Salvador that he would likely be subject to torture or mistreatment upon deportation to that country. Judge Marsha Berzon, who was nominated by President Bill Clinton, dissented and would have found that the government’s denial of relief under the Convention Against Torture (CAT), was not supported by substantial evidence. The June 2025 decision was in Soto v Bondi.
What happened in this case?
Jerson Soto was born in El Salvador. Before he came to the US, he was a member of a street gang, was convicted of assault with a firearm, and bore a gang tattoo. He sought relief from deportation back to El Salvador under CAT because of “country conditions” evidence. El Salvador is under a “state of exception,” in which constitutional rights are temporarily suspended. The evidence showed that government security forces have engaged in “arbitrary arrests” and “torture and cruel, inhuman, or degrading treatment or punishment” of “anyone suspected of belonging to a gang” or providing assistance to one. In a six-month period alone, more than “52,000 persons were arrested.”
The Board of Immigration Appeals (BIA) nevertheless ruled that Soto’s evidence was not sufficient to warrant CAT relief. He appealed to the Ninth Circuit.
How did the Ninth Circuit majority including Judge Bennett rule and why is the result harmful?
Trump judge Bennett joined with Judge Susan Graber, who was nominated by President Clinton, in an unsigned 2-1 ruling that affirmed the BIA’s ruling against Soto. Although They acknowledged that significant “country conditions” evidence of torture had been presented. However, they held that Soto did not establish that he would “more likely than not” be tortured if deported to El Salvador.
Judge Marsha Berzon strongly dissented. After carefully reviewing the record, she explained how the evidence “demonstrates Soto’s individualized, more-likely-than-not risk of torture.” The agency’s finding that he did not face a risk of torture “by or with the acquiescence “ of the El Salvador government, she went on, “was simply not supported by substantial evidence.” This conclusion was buttressed, she noted, by the “recent litigation” involving El Salvadoran Kilmar Abrego Garcia.
The ruling made possible by Trump judge Bennett obviously harms the rights of Jerson Soto, as well as the rights of other immigrants seeking relief from torture and mistreatment. The decision also illustrates the importance of our federal courts to health, welfare and justice and the significance of having fair-minded judges on the federal bench.