Sanabria Morales v. Barr, No. 17-1634 (1st Cir. 2020)
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The First Circuit denied Petitioner's petition for review of the Board of Immigration Appeals' (BIA) decision to deny his application for deferral of removal under the United Nations Convention Against Torture (CAT), holding that Petitioner was not eligible for deferral of removal under the CAT.
Petitioner, who was born in Venezuela, was convicted of heroin trafficking in the United States. Petitioner was subsequently served with a notice informing him that he was removable as an alien convicted of an aggravated felony. Petitioner requested withholding of removal under CAT protection, stating that if he returned to Venezuela he feared retaliation by drug traffickers, as well as persecution, torture, and death because of his earlier membership in a Venezuelan opposition political party. An immigration judge (IJ) denied Petitioner's application, and the BIA dismissed Petitioner's appeal. The First Circuit affirmed, holding that the record did not compel the conclusion that Petitioner demonstrated eligibility for deferral of removal under the CAT.
The court issued a subsequent related opinion or order on September 8, 2021.
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