K.Y. v. U.S. Attorney General, No. 21-10271 (11th Cir. 2022)
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An Immigration Judge determined that Petitioner was ineligible for asylum and withholding of removal because she was convicted of a particularly serious crime and denied her application for protection under the Convention Against Torture (“CAT”), and the Board affirmed her decision without opinion. Petitioner raised three challenges to these proceedings: (1) that the Immigration Judge did not give reasoned consideration to all of the relevant evidence in determining that Petitioner had not met her burden of showing that she would more likely than not be tortured by, or with the acquiescence of, the Guyanese government if returned to Guyana, or that her conclusion was not supported by substantial evidence; (2) that the Immigration Judge erred in not making a separate determination that Petitioner posed a danger to the community, in addition to finding that she had committed a particularly serious crime; and (3) that the Immigration Judge erred in finding that Petitioner committed a particularly serious crime.
The Eleventh Circuit denied the Petitioner’s petition in part and dismissed in part. The court explained that while it agrees that the evidence Petitioner presented demonstrated pervasive and disturbing discrimination and harassment against the LGBT community in Guyana, the Immigration Judge’s determination that Petitioner had not established that it was more likely than not that she would be tortured by or with the acquiescence of the government if she returned to Guyana was supported by substantial evidence. Further, the court held that the INA “does not abate our power to review the decision that Petitioner was convicted of a particularly serious crime.”
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