Bernard v. Sessions

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 17-2290
Decision Date: 
February 8, 2018
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition dismissed and denied in part

Ct. of Appeals lacked jurisdiction to consider portion of alien’s appeal of Bd.’s order denying his application for withholding of removal, where said denial was based on Bd. determination that alien was ineligible for said relief due to his prior state-court conviction on domestic battery charge that Bd. viewed as “particularly serious” crime under 8 USC section 1231(b)(3)(B)(ii). Said determination was not reviewable under 8 USC section 1252(a)(2)(B)(ii), and alien otherwise raised only factual issues in asking Ct. of Appeals to reverse Bd.’s determination that said crime qualified as particularly serious crime. Also, ALJ could properly deny alien’s application for deferral of removal under CAT, even though alien alleged that he would be subject to torture because of his bisexuality if forced to return to Jamaica. Instant denial was supported by substantial evidence, where: (1) alien could only recount decades-old experience in which others in Jamaica experienced violence because of their sexual orientation; (2) alien failed to present evidence that he specifically would be targeted for extreme violence in future from either public at large or his own family members; and (3) alien could only suppose that Jamaican official would acquiesce to any future torture.