United States Second Circuit

In a petition for review of a Board of Immigration Appeals (BIA) decision finding petition removable based on his unlawful entry into the U.S., the petition is denied where, because removal is not punitive, neither the Fifth Amendment's due process clause nor the Eighth Amendment's prohibition on cruel and unusual punishment requires consideration and weighing as to the proportionality of removal against the grounds for removability.

Appellate Information

• Published 2017/03/27

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel