United States Tenth Circuit

In a petition for review of the BIA's order removing petitioner to El Salvador, the petition is denied where: 1) petitioner's prior state offense of felony menacing was a "particularly serious crime" under 8 U.S.C. section 1231; and 2) the Immigration Judge's reliance on a Statement in Support of Warrantless Arrest detailing petitioner's prior offense was not fundamentally unfair.

Appellate Information

• Decided 11/20/2009
• Published 11/20/2009

Judges

• PER CURIAM., Before HENRY, Chief Judge, MURPHY and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Laura L. Lichter, Lichter & Associates, P.C., Denver, CO, for Plaintiff-Appellant., Steven H. Schulman and Vivek Arora, Akin Gump Strauss Hauer & Feld, Washington, DC, filed an Amicus Curiae brief for The United Nations High Commissioner for Refugees, in support of Petitioner., Deborah Anker, Cambridge, Massachusetts, and Jeff Joseph, Joseph Law Firm, Denver, CO, filed an Amicus Curiae brief for Deborah Anker, Guy S. Goodwill, and James C. Hathaway, in support of Petitioner.


• For Appellees:
  
• Margaret J. Perry, Senior Litigation Counsel (Joanne E. Johnson, Attorney, with her on the brief), Office of Immigration Litigation Civil Division, United States Department of Justice, Washington DC, for Defendant-Respondent.