United States Sixth Circuit

Petition for review of a decision removing petitioner to Cambodia is denied where: 1) petitioner's robbery conviction constituted a crime of violence that supported findings that he was removable; 2) a statutory ground for removal must have a "substantially identical" counterpart in the statutory grounds for exclusion in order to qualify for INA section 212(c), and the factual basis of the underlying criminal activity is irrelevant; 3) thus, petitioner was not eligible for section 212(c) relief; and 4) the evidence in this case did not compel a conclusion that it was "more likely than not" that he would be detained, let alone tortured, upon removal to Cambodia.

Appellate Information

• Decided 10/15/2008
• Published 10/15/2008

Judges

• Before: DAUGHTREY and GIBBONS, Circuit Judges;  ZATKOFF, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Donald L. Ungar, Attorney at Law, San Francisco, California, for Petitioner.  Jesse Lloyd Busen, James A. Hunolt, United States Department of Justice, Washington, D.C., for Respondent.