Dutton-Myrie v. Attorney General United States

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The Third Circuit remanded a determination that Dutton-Myrie, a citizen of Panama, was ineligible for deferral of removal under the U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Board of Immigration Appeals must determine, de novo, whether factual findings that the Panamanian government actively engages against criminal gangs and that Dutton-Myrie did not provide the police notice that the gang attacked him in the past, were sufficient to establish acquiescence. Dutton-Myrie arrived in the U.S. on a visitor’s visa in 1991 and later pled guilty to cocaine-related charges. He escaped during an initial attempt to deport him, but was apprehended in 2005 and deported to Panama. A few days after he returned, a group of men stabbed him in the neck. He fled the country and re-entered the U.S. The government apprehended Dutton-Myrie a second time in 2007; he claimed that the government of Panama was unwilling or unable to protect him from gang attacks. View "Dutton-Myrie v. Attorney General United States" on Justia Law