Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

The Ninth Circuit reversed the Board of Immigration Appeals’ denial of the petitioner’s applications for withholding of removal and Convention Against Torture (CAT) relief, holding that the Board erred in finding that the petitioner’s California conviction for voluntary manslaughter constituted a categorical “crime of violence” and a per se “particularly serious crime.” The court also reversed the Board’s denial of the petitioner’s claim for deferral of removal under CAT, and remanded for the Board to consider the aggregate risk of torture arising from the petitioner’s family affiliation together with the risk arising from his status as a criminal deportee.

Filed under: Immigration Attorney | Tagged: categorical analysis, cats, crime of violence, ninth circuit, particularly serious crime |