Mairena v. Barr

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The Ninth Circuit denied a petition for review of the BIA's decision upholding the IJ's denial of withholding of removal and protection under the Convention Against Torture (CAT). The panel held that it was appropriate for the BIA to consider sentencing enhancements when it determined that a petitioner was convicted of a particularly serious crime on a case-by-case basis. The panel clarified that it was also appropriate for the BIA to consider sentencing enhancements when it determined that a petitioner was convicted of a per se particularly serious crime. In this case, petitioner was convicted of willful infliction of corporal injury upon the mother of his child with a prior conviction, and was sentenced with a one-year enhancement that made his aggregate term of imprisonment five years. The panel held that the BIA applied the correct legal standard when it determined that petitioner was convicted of a per se particularly serious crime and was therefore ineligible for withholding of removal. The panel also held that substantial evidence supported the denial of CAT relief. View "Mairena v. Barr" on Justia Law