Cano-Saldarriaga v. Holder, No. 12-2089 (1st Cir. 2013)
Annotate this CaseCano, a 40-year-old citizen of Colombia, was admitted to the U.S. as a lawful permanent resident in 1981. Following a 1992 conviction for shoplifting and a conviction for assault with a deadly weapon in 1997, the government initiated removal proceedings in 2001. Cano denied that he was removable and applied for cancellation of removal under 8 U.S.C. 1229b(a). Acknowledging Cano's extensive criminal history, including numerous additional charges, the Immigration Judge granted cancellation of removal in light of evidence of Cano’s substantial mental disability. The BIA reversed. Following remand, Cano filed a new application for asylum and withholding of removal under the Immigration and Naturalization Act and for protection under the Convention Against Torture. The First Circuit declined to review the BIA reversal because the second application is currently pending review by the BIA.
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