Not a Lexis Advance subscriber? Try it out for free.

Pieschacon-Villegas v. AG of the United States

United States Court of Appeals for the Third Circuit

February 8, 2011, Argued; December 5, 2011, Opinion Filed

No. 09-4719

Opinion

 [*305]  GREENAWAY, JR., Circuit Judge.

Ricardo Pieschacon-Villegas ("Pieschacon-Villegas") petitions for review of a decision of the Board of Immigration Appeals ("BIA" or "Board") dismissing his appeal of the Immigration Judge's ("IJ") denial of his request for deferral of removal under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("CAT"). Pieschacon-Villegas seeks this Court's review because he asserts that: (1) the BIA used an incorrect legal standard for determining whether torture would be inflicted with the acquiescence of the Colombian government and (2) the BIA failed to take into account evidence in the record demonstrating that, if Pieschacon-Villegas is removed to  [**2] Colombia, he will more likely than not be tortured with the acquiescence of a public official. We will grant the petition and remand to the BIA.

I. BACKGROUND

Pieschacon-Villegas was born in 1969 and is a Colombian native and citizen. He has entered and left the United States on a number of occasions. Pieschacon-Villegas last entered the United States as a special  [*306]  parolee in December 2007. One of Pieschacon-Villegas's siblings lives in the United States and his other siblings and his parents live in Colombia.

From 1996 until 2003, Pieschacon-Villegas received fees for laundering Colombian drug traffickers' money. In 1999, Federal Bureau of Investigation ("FBI") agents in New Jersey learned about Pieschacon-Villegas's involvement in money laundering during an undercover investigation. The FBI was aware that Pieschacon-Villegas was involved in a transaction with a major drug operation in 1999, in which he made wire transfers totaling $218,467. He was subsequently arrested and indicted for his involvement in that money laundering scheme.

On August 21, 2003, Pieschacon-Villegas pled guilty to conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h), for those 1999 transfers.  [**3] He agreed to cooperate with the FBI and he was released on an unsecured bond. His conviction and sentencing were deferred.

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

671 F.3d 303 *; 2011 U.S. App. LEXIS 24073 **

RICARDO PIESCHACON-VILLEGAS, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent

Prior History:  [**1] ON PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS. (BIA No. A079 191 076). Immigration Judge: Honorable Andrew Arthur.

CORE TERMS

torture, acquiescence, removal, paramilitary, cooperation, jail, relevant evidence, blind, inflicted, entities, grounds, money laundering, violations, deferral, killed, alien, public official, subjected, willfully, arrested, human rights, armored car, organizations, conditions, flagrant, opposes

Immigration Law, Deportation & Removal, Judicial Review, Judicial Proceedings, Jurisdiction, Asylum, Refugees & Related Relief, Restriction on Removal, Judicial Review, Scope of Review, Convention Against Torture, Standards of Review, De Novo Standard of Review, Administrative Appeals, US Board of Immigration Appeals, Evidence, Burdens of Proof, Allocation, Eligibility Requirements