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eBook details

• Title: Tran v. Gonzales
• Author : United States Court of Appeals
• Release Date : January 17, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Petitioner seeks review of a decision from the Board of Immigration Appeals (BIA) ordering that petitioner, Quang Ly Tran, an ethnic Chinese from Vietnam, be removed to Vietnam. The BIA reversed the decision of the immigration judge (IJ), who had found Tran removable because he had been convicted of an aggravated felony, but deferred his deportation because Tran qualified for protection under the Convention Against Torture (CAT). In two appeals consolidated for our review, Tran argues that the BIA erred by retroactively applying the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) to Trans pre-IIRIRA felony convictions and by concluding that Tran is not eligible for protection under the CAT. We conclude that the IIRIRAs provision allowing for the deportation of aliens convicted of an aggravated felony was properly applied to Trans pre-IIRIRA conviction, but we remand Trans CAT claim to the BIA for clarification of the standards and burdens of proof it employed in reviewing Trans appeal.

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