Doe v. Sessions, No. 16-1256 (2d Cir. 2018)Annotate this Case
Petitioner, a native and citizen of the Dominican Republic, sought review of the BIA's dismissal of his appeal from an IJ's order of removal and denial of his application for deferral of removal under the Convention Against Torture (CAT). The Second Circuit denied the petition insofar as petitioner challenged his conviction-based removal on the ground that, in determining whether his federal narcotics conviction rendered him removable, the agency was required to apply a "time‐of‐decision" rule and to compare his statute of conviction to the version of the Controlled Substances Act, 21 U.S.C. 801 et seq., in effect during his removal proceedings. The court granted the petition to the extent that petitioner urged that the agency committed legal error in denying his application for deferral of removal under the CAT.