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.
Home » Immigration Updates » No matter what is your crime, we can try to show why it is not categorically a crime of violence
No matter what is your crime, we can try to show why it is not categorically a crime of violence
Related Posts
Third Circuit Says BIA Misapplied Court’s Precedent When It Determined that Honduran Asylum Seeker Did Not Establish Persecution
The court held that the BIA and the immigration judge had misstated the court’s precedent in three ways in determining that the harm the Honduran petitioner…
The Supreme Court ruled that immigrants who fear torture can appeal their deportations in federal appeals court.
In a 7-2 decision on June 1, the Supreme Court ruled against the Trump administration, holding that immigrants slated for deportation have a right to judicial…
Ninth Circuit Grants Rehearing En Banc in Case Involving Defective NTA Under Pereira
The Ninth Circuit granted rehearing en banc to revisit its prior decision filed on May 22, 2019, which held that a Notice to Appear that is defective under Pereira v.…
Court Finds Honduran Boy Should Have Been Advised of Apparent Eligibility for SIJ Status
The Ninth Circuit granted the petition for review and remanded, concluding that the immigration judge erred by failing to advise the 14-year-old petitioner, who had…
Court Denies Asylum for Failure to Meet Nexus, “Particularity” Prong
The First Circuit upheld BIA denials that the petitioner was targeted based on her family relationship and that “single mothers with no male protection who are…