United States Ninth Circuit

Petition for review of the Board of Immigration Appeals' denial of an application for withholding of removal and protection is: 1) granted in part where the Board abused its discretion in concluding that petitioner's conviction for resisting arrest, constituted a particularly serious crime, and the petition is remanded for an adequate explanation of this issue; and 2) denied in part where petitioner failed to establish a clear probability of torture in Bangladesh due to his Christian religion, and he is therefore ineligible for deferral of removal under the Convention Against Torture.

Appellate Information

• Decided 01/18/2013
• Published 01/18/2013

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel