Monday, June 11th, 2018

CA9 on ‘Particularly Serious Crime’ – Alphonsus v. Holder

"Anthony Aloysius Alphonsus petitions for review of a BIA decision ordering him removed to his native Bangladesh.  The BIA affirmed the immigration judge’s (“IJ”) determination that Alphonsus is ineligible for withholding of removal and withholding under the Convention Against Torture (“CAT”), because his conviction for resisting arrest constitutes a particularly serious crime.  The Board also affirmed the IJ’s conclusion that Alphonsus would not likely be tortured if returned to Bangladesh and is ineligible for deferral of removal under CAT.  Alphonsus challenges the BIA’s determination that he was convicted of a particularly serious crime and its conclusion that he is not likely to be tortured in Bangladesh.  Because the Board has not adequately explained its reasons for designating Alphonsus’s conviction a particularly serious crime, we grant the petition with respect to the particularly serious crime determination