Background
Jean Pascal, a native and citizen of Haiti, petitioned pro se for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge decision. The immigration judge had denied applications for asylum, withholding of removal, and protection under the Convention Against Torture, and the Board denied a motion to remand.
The court’s reasoning
The court reviewed the agency’s factual findings for substantial evidence and the denial of the motion to remand for abuse of discretion. The court found that Pascal failed to show it is more likely than not that he will be tortured if returned to Haiti. The court rejected contentions that the agency found him not credible or did not consider all evidence as unsupported by the record. The court also found no abuse of discretion in denying the motion to remand and rejected the due process claim regarding an immigration detainer.
What it means going forward
The denial of the petition leaves the Board of Immigration Appeals order in place, resulting in the denial of asylum, withholding of removal, and Convention Against Torture protection for the petitioner.