The Board of Immigration Appeals (BIA) overturned an immigrant judge’s withholding of removal. The Board clarified the respondent displayed intent to deliver a controlled substance. This ruling clarifies what disqualifies individuals from asylum or withholding of removal.
Legal Background
The respondent, a native and citizen of Jamaica, applied for asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge initially denied the applications. After the BIA returned the case for further review, the judge granted asylum. The Department of Homeland Security appealed.
Impact
The BIA found that the respondent’s conviction for possession with intent to deliver a controlled substance qualified as a particularly serious crime. The Board considered the nature of the offense, the amount and packaging of the drugs, the respondent’s attempt to conceal them, and the prison sentence imposed.
Because of this finding, the respondent was ineligible for asylum and withholding of removal. The decision confirms that a drug conviction may be treated as a particularly serious crime even when it is not automatically classified as an aggravated felony.
The Board also upheld the denial of protection under the Convention Against Torture. It found insufficient evidence that the respondent would more likely than not face torture in Jamaica with the involvement or acquiescence of government officials.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.