Gallimore v. Holder, Jr., No. 12-3524 (8th Cir. 2013)
Annotate this CasePetitioner, a native and citizen of Jamaica, petitioned for review of the BIA's affirmance of the IJ's denial of his petition to defer removal pursuant to the Convention Against Torture (CAT) and dismissal of his appeal. To the extent petitioner challenged the legal standard used by the BIA, the court rejected that challenge on the merits. Petitioner's remaining challenges, including his factual dispute with the BIA's application of the "willful blindness" standard, were foreclosed by the criminal alien bar in 8 U.S.C. 1252(a)(2)(C) and were beyond the court's jurisdiction. Accordingly, the court dismissed the petition for review.
Court Description: Petition for Review - Immigration. The criminal alien bar found in 8 U.S.C. Sec. 1252(a)(2)(C) precludes this court's review of the BIA's decision on CAT relief; to the extent petitioner challenges the legal standard used by the BIA, the court rejects the challenge on its merits.
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