July 27, 2010

Mentally ill Guyanese fights deportation from US

A mentally ill man, who has been convicted of several offences and is fighting deportation to Guyana from the US, was recently granted a reprieve by two circuit judges who instructed the Board of Immigration Appeals (BIA) to review its standard applied to the Convention Against Torture (CAT).

However, Circuit Judges, Chagares Ambro and Antwerpen Van in their July 23 decision also agreed with the BIA that Guyanese-born Ronald Soobrian is not entitled to withholding of removal and that there was no denial of due process.

According to the decision, made public by leagle.com, Soobrian had petitioned the court for review of a final order of removal from the US. It was stated that although the man was twice granted protection under the CAT by the Immigration Judge (“IJ”), BIA reversed each time and ordered him removed. The BIA also upheld the IJ’s determination that Soobrian was not entitled to withholding of removal.

In his petition, Soobrian further argued that he was denied due process of law under the Fifth Amendment when he was forced to proceed at the removal hearing without an indefinite continuance or a determination of his competency.

Read full article here.

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