United States Third Circuit
Roye v. Attorney General of the United States, 11-1849
A Jamaican citizen's petition for review of a final order of the Board of Immigration Appeals (BIA) ordering him removed based on his state law convictions for aggravated assault and endangering the welfare of a child, is granted, and the BIA's order of removal vacated and remanded where the BIA answered the wrong question and applied incorrect legal standard in reviewing the IJ's finding that: 1) petitioner will be physically and sexually assaulted in a Jamaican prison by prisoners and prison guards who specifically intend to cause him pain or suffering; and 2) it is more likely than not that Jamaican public officials will consent to or acquiesce in assaults of petitioner.
Appellate Information
- Decided 09/10/2012
- Published 09/10/2012
Judges
- Jordan
Court
- United States Third Circuit