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tortstatuteappealasylum
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Farah v. United States AG

Facts

Hassan Farah, born in Somalia, fled to Kenya after his family was attacked during the civil war. He entered the U.S. as a refugee in 1996 but faced multiple criminal convictions in Minnesota, leading to removal proceedings initiated by the government. Farah was ordered removed after conceding his removability but later sought to reopen his case based on changed country conditions and alleged defects in his notice to appear. His applications for asylum and other forms of relief were denied by the immigration judge and subsequently affirmed by the BIA.

Hassan Farah, born in Somalia, fled to Kenya after his family was attacked during the civil war. He entered the U.S. as a refugee in 1996 but faced multiple criminal convictions in Minnesota, leading to removal proceedings initiated by the government.

Issue

Whether the Board of Immigration Appeals erred in determining that Farah was removable based on his criminal convictions and whether he was entitled to withholding of removal or protection under the Convention Against Torture.

Whether the Board of Immigration Appeals erred in determining that Farah was removable based on his criminal convictions and whether he was entitled to withholding of removal or protection under the Convention Against Torture.

Rule

An alien may be deported if convicted of a violation of any law relating to a controlled substance, unless the offense is possession of 30 grams or less of marijuana for personal use. The court applies either the categorical or modified categorical approach to determine if a state offense qualifies as a removable offense.

An alien may be deported if convicted of a violation of any law relating to a controlled substance, unless the offense is possession of 30 grams or less of marijuana for personal use.

Analysis

The court found that the BIA correctly determined that Farah's conviction under Minnesota law for possession of a controlled substance was a removable offense. The court applied the modified categorical approach and concluded that the Minnesota statute was divisible, allowing the BIA to find that Farah was convicted of possessing a federally controlled substance. Additionally, the court upheld the BIA's findings regarding Farah's failure to establish a likelihood of persecution or torture upon return to Somalia.

The court found that the BIA correctly determined that Farah's conviction under Minnesota law for possession of a controlled substance was a removable offense.

Conclusion

The court dismissed in part and denied in part Farah's petition for review, affirming the BIA's decision regarding his removability and the denial of his applications for relief.

The court dismissed in part and denied in part Farah's petition for review, affirming the BIA's decision regarding his removability and the denial of his applications for relief.

Who won?

The United States government prevailed in the case as the court upheld the BIA's determination of Farah's removability and the denial of his applications for relief.

The United States government prevailed in the case as the court upheld the BIA's determination of Farah's removability and the denial of his applications for relief.

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