United States Sixth Circuit

Petition for review of a Board of Immigration Appeals' decision is granted in part where, although the Illegal Immigration Reform and Immigrant Responsibility Act's (IIRIRA) provision allowing for the deportation of aliens convicted of an aggravated felony was properly applied to petitioner's pre-IIRIRA conviction, a remand for consideration of petitioner's Convention Against Torture claim under the correct standard of review and burden of proof was appropriate.

Appellate Information

• Decided 05/17/2006
• Published 05/17/2006

Judges

• GUY, Circuit Judge., Before:  GUY, DAUGHTREY, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Alice E. Loughran, Steptoe & Johnson, Washington, D.C., for Petitioner.  Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Respondent.   ON BRIEF:  Alice E. Loughran, Jack R. Hayes, Steptoe & Johnson, Washington, D.C., Stephen W. Funk, Roetzel & Andress, Akron, Ohio, for Petitioner.  Christopher R. Yates, Assistant United States Attorney, Columbus, Ohio, Aviva L. Poczter, Emily A. Radford, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.