Immigration – Jurisdiction

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7^th Circuit Court of Appeals

Case Name: Andre Ray Bernard v. Jefferson B. Sessions III

Case No.: 17-2290

Officials: BAUER, KANNE, and BARRETT, Circuit Judges.

Focus: Immigration – Jurisdiction

Andre Bernard, a Jamaican citizen, petitions for review of the denial of his applications for statutory with- holding of removal and deferral of removal under Article 3 of the Convention Against Torture. The Board of Immigration Appeals upheld those decisions. First, the Board concluded, the immigration judge correctly found Bernard ineligible for withholding of removal on the ground that he had committed a “particularly serious crime,” see 8 U.S.C. § 1231(b)(3)(B)(ii); second, the Board agreed that Bernard had not shown that, if removed to Jamaica, he likely would be tortured with the acquiescence of a public official on account of his bisexuality or political opinions. We dismiss for lack of jurisdiction the portion of Bernard’s petition seeking review of the “particularly serious crime” designation, and deny the remainder of the petition, as substantial evidence supports the IJ’s reasoning as adopted and supplemented by the Board.

Dismissed in part. Denied in part.

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