Revencu v. Sessions

The Fifth Circuit dismissed in part and denied in part a petition for review of the BIA's decision upholding the IJ's denial of his application for withholding of removal under the Immigration and Nationality Act, 8 U.S.C. 1231(b)(3). The court held that it did not have jurisdiction over petitioner's challenges to the IJ's determination that his mistreatment was not torture under the Convention Against Torture (CAT), and petitioner's request to remand to the BIA so that the BIA could consider a derivative asylum claim based on his wife's recent grant of asylum. Therefore, the court dismissed as to these claims. The court agreed with the IJ's finding that petitioner had not proven that he was harmed because of his political opinion or one imputed to him. Furthermore, to the extent petitioner's claimed social group was family members of Roma, the record was devoid of evidence that the persecution suffered by his wife was directed at him. Accordingly, the court denied the petition in all other respects. View "Revencu v. Sessions" on Justia Law