Nkomo v. Attorney General United States

A lawful permanent resident of the U.S. and a citizen of Zimbabwe, Nkomo was convicted of conspiracy to commit wire fraud, 18 U.S.C. 1342; 1349, an “aggravated felony,” which made Nkomo removable and ineligible for most relief. About a month after she was sentenced to time served for that offense, the government initiated removal proceedings. The Board of Immigration Appeals found Nkomo ineligible for withholding because her wire fraud conviction was for a “particularly serious crime,” 8 U.S.C. 1231(b)(3)(B)(ii). Denying Convention Against Torture protection, the Board found that Nkomo had not shown a probability she would be tortured by or with the acquiescence of the government of Zimbabwe. The Third Circuit rejected her petition for review, first distinguishing the Supreme Court's 2018 "Pereira" decision and holding that the failure of the notice to appear to specify the time and place of Nkomo’s initial removal hearing did not deprive the immigration judge of jurisdiction over the removal proceedings. Nkomo appeared and participated in, her removal hearing. Nkomo’s argument would invalidate scores of removal orders and grants of relief without requiring the alien to allege she lacked sufficient notice of her hearing. The court rejected her claim for withholding of removal and noted that it lacked jurisdiction over the CAT claim. View "Nkomo v. Attorney General United States" on Justia Law