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Sunuwar v. Att’y Gen.

3rd Circuit

February 25, 2021

In Sunuwar v. Att’y Gen., an immigration judge ruled that the petitioner was removable as an alien who was convicted of an aggravated felony, a crime of domestic violence and moral turpitude, as well as violating a protection order. Previously, the petitioner pled guilty to strangulation and violating a protection order after he severely beat his wife. The petitioner asserted every defense possible: he denied the removability charges; he applied for asylum; and he applied for withholding of removal under the Immigration & Nationality Act and the Convention Against Torture. In part based on credibility, the immigration judge ordered the petitioner removable and denied his application for relief. The Board of Immigration Appeals affirmed. The appeal centered on whether the petitioner’s conviction was for a “particularly serious crime”, as such a conviction would preclude asylum and withholding of removal. The Third Circuit agreed with the agencies below that petitioner committed a particularly serious crime and affirmed.

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