On Thursday, February 25, 2021, the Third Circuit rejected the appeal arguments made by Ashish Sunuwar that strangulation is not serious enough to be considered a deportable offense.
Some of the main issues in the argument set forth by Sunuwar were that (1) he tried to argue that “mere touching” could constitute strangulation under Pennsylvania law and (2) he tried to downplay the seriousness of the abuse to his wife while admitting to “egregious conduct” in his guilty plea.
Trying to downplay the seriousness of the abuse was especially problematic because the affidavit of probable cause filed by the arresting officer detailed the extent of the various injuries of Rima Sunuwar, including a swollen and bloodshot eye, bruises to arms, knees, and neck, and scratch marks on her chin. The affidavit also included many details from Rima about how her husband continually beat her with his fists and a wooden stick, dragged her to the bedroom, started to choke her, how she lost consciousness, and how she was later threatened with a knife to be killed if she spoke to the police. Even after Ashish was detained, he pled guilty to contempt for violating a restraining order by sending his wife several letters while he was detained.
Ashish tried seeking protection under the Convention Against Torture by sharing testimony about being kidnapped and stabbed by Maoists. However, Ashish did not share this information when he originally applied for asylum and his testimony about the incident differed from that of his wife. For these reasons and the above, the Third Circuit upheld Ashish’s deportation and that strangulation is serious enough to be a deportable offense.
If you have questions about deportable offenses or any immigration topic, contact our attorneys at ILBSG. Our experience and dedication to your specific case ensures you get the right advice.
