Green v. Atty Gen. of the United States, No. 11-3732 (3d Cir. 2012)
Annotate this CaseGreen, a citizen of Jamaica, entered the U.S. on a tourist visa in 2002. In 2006, his status was adjusted to that of a lawful permanent resident. Weeks later, he was arrested on charges of possession of a controlled dangerous substance with intent to distribute. He pled guilty. In 2008, Green was arrested again on charges of possession and distribution of a controlled dangerous substance and pled guilty. In 2010, DHS charged him as removable under 8 U.S.C. 1227(a)(2)(B)(i). Green applied for deferred removal under the Convention Against Torture, testifying that he feared that he would be tortured by the Shower Posse, a Jamaican drug gang. He had witnessed the 1998 killing of a police officer and an informant and had identified the shooters. His sister and his brother were subsequently killed; Green himself had been attacked in downtown Kingston. Although the IJ found Green’s testimony credible, she denied his application; he “failed to meet his burden to establish that the Shower Posse would be acting on behalf of the government of Jamaica or that the government of Jamaica would acquiesce in the actions of the Shower Posse,” as required under CAT. The BIA affirmed. The Third Circuit denied a petition for review.
This opinion or order relates to an opinion or order originally issued on July 13, 2012.
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