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A federal appeals court has ruled the Board of Immigration Appeals, intent on ensuring a Salvadoran ex-gang member's deportation, denied him fair and impartial proceedings.

In a precedential opinion on Dec. 17, a three-judge panel of the U.S. Court of Appeals for the Third Circuit vacated the board's finding that Nelson Quinteros committed an aggravated felony and failed to show that he was entitled to relief under the Convention Against Torture (CAT).

In a concurring opinion to the ruling, Third Circuit Judge Theodore McKee, joined by the other two judges on the panel, strongly criticized the board's handling of Quinteros' case.

"It is difficult for me to read this record and conclude that the board was acting as anything other than an agency focused on ensuring Quinteros' removal rather than as the neutral and fair tribunal it is expected to be," McKee said. "That criticism is harsh and I do not make it lightly."

According to Third Circuit Judge Jane Roth's opinion, joined by McKee and Judge Thomas Ambro, Quinteros arrived in the United States from El Salvador in 2001. When he was 13 years old, he joined the MS-13 gang in New York City. In 2011, he was arrested and charged with conspiracy to commit assault with a dangerous weapon, related to a plot to assault rival gang members. The plot never came to fruition.

After pleading guilty, Quinteros served time in prison. Upon completion of his sentence, the Department of Homeland Security started deportation proceedings, Roth said. Quinteros fought the department's removal efforts, claiming that he would be tortured or killed by police if returned to El Salvador because he was identifiable as a gang member and deportee, thanks to his accent and "NY Yankees" tattoo.

In a series of proceedings, the immigration judge and the appeals board ruled against Quinteros in his CAT claim, and held that he committed an aggravated felony qualifying him for deportation, Roth said.

However, the Third Circuit held that Quinteros' crime was nonviolent. The court also held that the board ignored evidence about the dangers of Quinteros returning to El Salvador.

"We have previously made clear to the BIA that a government can acquiesce in torture despite opposing the group inflicting the harm," Roth said. "Indeed, although 'not dispositive of' whether a government acquiesced in torture through willful blindness, 'an applicant may be able to establish governmental acquiescence in some circumstances, even where the government is unable to protect its citizens from persecution.' The board was required to consider whether the government of El Salvador is capable of preventing the harm Quinteros would likely face."

McKee, in his opinion, underscored the power and responsibility vested in the board.

"I doubt that any court or any other administrative tribunal so regularly addresses claims of life-changing significance, often involving consequences of life and death," McKee said. "It is therefore particularly important that the opinions of the BIA fairly and adequately resolve the legal arguments raised by the parties and render decisions based only upon the record and the law."

While acknowledging that the board is "horrendously overworked," McKee stipulated, "administrative shortcomings can never justify denying the parties a fair and impartial hearing, or excuse allowing adjudications to devolve into a mere formality before removal."

Quinteros is represented by Damon Andrews of Kirkland & Ellis in Washington, D.C.

"We are extremely pleased that Nelson was able to obtain relief from removal and the opportunity to further pursue his torture claim after his five-year legal battle," Andrews said in an email. "We hope that the concurring opinion will generate renewed attention to immigration proceedings and help to ensure that future litigants' cases are given the careful consideration that persons such as Nelson deserve."

The Department of Justice did not respond to a request for comment.