United States Third Circuit

A Jamaican citizen's petition for review of the BIA's denial of his application for deferred removal under the United Nations Convention Against Torture, is denied where: 1) petitioner's argument that the IJ erred in determining that the Jamaican government would not consent to or acquiesce in a drug gang's actions cannot be considered for lack of jurisdiction; 2) defendant's argument that the IJ and BIA failed misapplied Kaplun is without merit; and 3) the IJ and BIA did not commit legal error by ignoring relevant evidence in the record regarding petitioner's position that the Jamaican government turns a blind eye to the criminal acts of the drug gang.

Appellate Information

• Decided 09/12/2012
• Published 09/12/2012

Judges

• Barry

Court

• United States Third Circuit

Counsel