United States Third Circuit

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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

Counsel