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 23 I. & N. Dec. 366; 2002 BIA LEXIS 12

U.S. Department of Justice Executive Office For Immigration Review Board of Immigration Appeals

May 2, 2002, Decided

3471

Opinion

 [*366]  GUENDELSBERGER, Board Member:

The Immigration and Naturalization Service appeals an Immigration Judge's June 4, 2001, decision granting the respondent's request for deferral of removal under Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted and opened for signature Dec. 10, 1984, G.A. Res. 39/46, 39 U.N. GAOR Supp. No. 51, at 197, U.N. Doc. A/RES/39/708 (1984) (entered into force June 26, 1987; for the United States Apr. 18, 1988) ("Convention Against Torture"). The Service's appeal will be dismissed. The respondent's motion to file a late brief is granted.

I. FACTUAL AND PROCEDURAL HISTORY

The respondent is a native and citizen of Iran who entered the United States as a lawful permanent [**2]  resident on October 16, 1976. On September 11, 1985, the respondent was convicted in the United States District Court, Southern District of New York, of conspiracy to intentionally and knowingly possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(B) (1982). The respondent received a 3-year sentence of  [*367]  imprisonment, all but 6 months of which was suspended, and he was placed on 2 1/2 years' probation. His sentence was subsequently reduced to 4 months of imprisonment.

On November 13, 1986, the Service issued an Order to Show Cause and Notice of Hearing (Form I-221) charging the respondent with deportability under section 241(a)(11) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (a)(11) (1982), as an alien convicted of a controlled substance violation. In proceedings before the Immigration Judge, the respondent, through counsel, admitted the factual allegations contained in the Order to Show Cause and conceded deportability as charged. The Immigration Judge, who received extensive testimonial and documentary evidence in this case [**3]  over the course of more than 12 years, concluded that the respondent established that he would likely be tortured by government authorities if returned to Iran. Therefore, the Immigration Judge granted the respondent deferral of removal to Iran under the Convention Against Torture and denied his requests for all other forms of relief.

II. ISSUE ON APPEAL

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 23 I. & N. Dec. 366 *;  2002 BIA LEXIS 12 **

In re G-A-, Respondent

CORE TERMS

torture, Iran, human rights, removal, deported, authorities, deferral, prisons, ethnic, Practices, convicted, detention, religious, governmental authority, eligibility, conditions, detainees, arrested, detained