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Immigration Law

CA2 on Jurisdiction, CAT, Jamaica: Manning v. Barr

Manning v. Barr

"We hold that the jurisdictional provision in 8 U.S.C. § 1252(a)(2)(C), which limits this Court’s jurisdiction, applies only to cases where the Immigration Judge (“IJ”) has found a petitioner removable based on covered criminal activity, and that it does not apply where a petitioner’s order of removal is based solely on unlawful presence. We also hold that the IJ and BIA discounted Manning’s credible testimony without proper explanation, failed to consider substantial and material evidence that Manning is likely to be killed if removed to Jamaica, and erroneously placed a burden on Manning to prove he could not internally relocate in order to avoid torture. Accordingly, we GRANT the petition for review and REMAND Manning’s application for deferral of removal for further proceedings consistent with this opinion."

[Hats off to EDMUND POLUBINSKI III (Daniel S. Magy, on the 15 brief), Davis Polk & Wardwell LLP, New York, NY.]