Bernard v. Sessions

Bernard, a Jamaican citizen, says he realized as a preteen that he was bisexual, but hid it out of fear. He claimed that his family and other Jamaicans persecuted members of the LGBT community. Bernard arrived in the U.S. in 1998, then 19 years old, on a visitor’s visa. He married an American citizen; they divorced. Bernard then had a long relationship with another woman, but also dated men. Between 2002 and 2013 Bernard was convicted of multiple crimes including weapons and drug offenses, and, in 2011 domestic battery, for stabbing his girlfriend’s sister. He never served time in custody. In 2016 removal proceedings, Bernard sought withholding of removal, 8 U.S.C. 1231(b)(3)(A), and deferral of removal under the Convention Against Torture, stating that, if removed, he feared persecution or torture based on his bisexuality and membership in the Jamaica Labour Party. The IJ denied relief, finding that Bernard was not credible enough to sustain his burden on his testimony alone and that the underlying facts of his domestic-battery offense were “particularly serious.” The BIA affirmed. The Seventh Circuit dismissed, for lack of jurisdiction, the portion of Bernard’s petition seeking review of the “particularly serious crime” designation, and denied the remainder of the petition, stating that substantial evidence supports the IJ’s reasoning. View "Bernard v. Sessions" on Justia Law