United States Ninth Circuit

Petition for review from the denial of petitioner's request for withholding of removal under the Convention Against Torture is denied, where: 1) the Department of Homeland Security may file a Notice to Appear when an alien is subject to an extant withholding of removal; 2) there need not be a separate hearing on the termination of the withholding; 3) the government has the burden of demonstrating by the preponderance of the evidence the grounds for the termination of withholding; 4) here, the government met its burden by submitting official state records of petitioner's state convictions; and 5) petitioner has not shown a denial of procedural due process because her proceedings were not fundamentally unfair and further proceedings would not have changed the outcome.

Appellate Information

• Decided 09/13/2013
• Published 09/13/2013

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel