Sunuwar v. Attorney General United States, No. 20-2091 (3d Cir. 2021)Annotate this Case
In 2017, Sunuwar was admitted to the U.S. as a lawful permanent resident based on a diversity visa. In 2018, he beat and strangled his wife, Sunuwar was convicted of strangulation and contempt for violating a protection-from-abuse order. Charged with removability as an alien who was convicted of an aggravated felony, 8 U.S.C. 1227(a)(2)(A)(iii), a crime of domestic violence, section 1227(a)(2)(E)(i), and a crime involving moral turpitude, section1227(a)(2)(A)(i), and as an alien who was found to have violated a protection order, 1227(a)(2)(E)(ii), Sunuwar contested the charges of removability and sought asylum, withholding of removal under the Immigration and Nationality Act, and withholding of removal under the Convention Against Torture (CAT). His wife supported his petition but gave differing factual accounts.
An IJ determined that Sunuwar is deportable and had committed a particularly serious crime that disqualifies him from all forms of relief except CAT deferral of removal. The IJ denied CAT deferral of removal based on an adverse credibility finding with respect to Sunuwar having been kidnapped and stabbed by Maoists in Nepal. The Third Circuit denied a petition for relief. Sunuwar was deportable, based on his violation of the protection order; there was no error in the particularly-serious-crime determination and the adverse credibility finding was reasonable.