Marambo v. Barr, No. 18-2331 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit denied a petition for review of the BIA's decision upholding the IJ's determination that petitioner was removable. The court held that petitioner failed to exhaust his administrative remedies with regard to his challenge to the determination that his firearm offense was a particularly serious crime; petitioner's argument regarding the purported futility of raising the issue to the BIA was unpersuasive; the IJ acted within its authority by considering the facts and circumstances set forth in the criminal complaint; the unlawful-possession-of-a-firearm offense qualified as a particularly serious crime and barred withholding of removal; and there was no reviewable claim of error in regard to the BIA's denial of relief under the Convention Against Torture.
Court Description: Shepherd, Author, with Arnold and Kobes, Circuit Judges] Petition for Review - Immigration. Petitioner challenges for the first time before this court the BIA's prior interpretations of the particularly serious crime bar, and the court would not consider the arguments because petitioner failed to exhaust his administrative remedies on the issue; claim that raising the issue before the BIA would have been futile rejected; the IJ acted within its authority in considering the facts and circumstances set forth in the criminal complaint,including the arresting officers' observations of petitioner's actions, to determine his unlawful possession offense was a particularly serious crime; petitioner's unlawful-possession-of-a-firearm offense qualified as a particularly serious crime and barred withholding of removal; there was no reviewable claim of error in the BIA's denial of petitioner's request for CAT relief.
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