Mirambeaux v. Attorney General United States, No. 19-3224 (3d Cir. 2020)Annotate this Case
Mirambeaux, a citizen of the Dominican Republic, was admitted to the U.S. as a lawful permanent resident in 1999. In 2008, Mirambeaux pled guilty to the distribution of a controlled dangerous substance. In 2018, he was charged as removable under 8 U.S.C. 1227(a)(2)(B)(i), for that conviction, and under 1227(a)(2)(A)(iii), as an aggravated felon. Mirambeaux applied for withholding of removal but declined to seek protection under the Convention Against Torture (CAT). Mirambeaux argued that he fears returning to the Dominican Republic, citing the murders of three friends over the last 10 years. He was not able to identify a specific person or group he feared, and referenced “[c]rime in general.” Mirambeaux sought a continuance to gather support documents. The IJ denied the motion, stating “he’s been detained for several months now. . . The Court does not see good cause why those documents have not been obtained.” The IJ concluded that Mirambeaux’s aggravated felony conviction left him statutorily ineligible for asylum, for withholding of removal, and under CAT, noting that Mirambeaux could not specify who harmed his friends or why, nor was he able to establish that the government would not be able to protect him. The BIA affirmed. The Third Circuit dismissed a petition for review for lack of jurisdiction. Mirambeaux failed to state a colorable constitutional claim or question of law within the meaning of 8 U.S.C. 1252(a)(2)(C)-(D).
This opinion or order relates to an opinion or order originally issued on September 9, 2020.