United States Ninth Circuit

In appeal of two BIA decisions: 1) the petition is not moot despite petitioner's removal, because the removal has the collateral consequence of rending petitioner inadmissible; 2) the BIA's decision concerning withholding of removal pursuant to the Convention Against Torture is affirmed, where substantial evidence supported the BIA's determination that petitioner failed to establish a clear probability that he would be tortured if returned to Nicaragua; and 3) the BIA's holding that petitioner's conviction for lewd and lascivious acts with a child under the age of 14, is a per se particularly serious crime precluding withholding of removal relief is vacated, because under the statute only aggravated felonies for which the alien was sentenced to at least five years' imprisonment is per se particularly serious, but the issue is remanded for the BIA to determine, using a case-specific analysis, whether petitioner's conviction was for a particularly serious crime.

Appellate Information

• Decided 04/10/2013
• Published 04/10/2013

Judges

• BEA

Court

• United States Ninth Circuit

Counsel