Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- The Fourth Circuit upheld the BIA and the IJ’s determination that the petitioner’s aggravated felony conviction for a drug trafficking crime, for which the petitioner received a sentence of five years’ imprisonment, was per se a particularly serious crime under INA §241(b)(3)(B). The court thus found that the petitioner was ineligible for withholding of removal.
Particularly serious crime
Serious crime and immigration
Withholding of removal
BIA deference given to particularly serious crime
Filed under: Applications for Withholding of Removal | Tagged: Drug Trafficking, Immigration, Immigration Attorney, Immigration Lawyer, particularly serious crime, withholding of removal | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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 | Leave a comment »
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