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tortappealdue processcase law
tortappealdue processcase law

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Ford v. Immigration and Customs Enforcement

Facts

The alien claimed that the Board of Immigration Appeals (BIA) deprived him of due process of law by using an unconstitutional standard to determine whether his conviction for possession with intent to deliver cocaine was a particularly serious crime. Pursuant to the REAL ID Act, the appellate court treated the proceeding as a petition for review. The alien's claim that it was more likely than not that he would be tortured in Jamaica drew support from two sources: his assumed notoriety in Jamaica, and his interpretation of certain Amnesty International reports. However, the alien's continuing notoriety more than 13 years after he left was not obvious and indisputable and neither was his interpretation of the AI reports.

The alien claimed that the Board of Immigration Appeals (BIA) deprived him of due process of law by using an unconstitutional standard to determine whether his conviction for possession with intent to deliver cocaine was a particularly serious crime. Pursuant to the REAL ID Act, the appellate court treated the proceeding as a petition for review. The alien's claim that it was more likely than not that he would be tortured in Jamaica drew support from two sources: his assumed notoriety in Jamaica, and his interpretation of certain Amnesty International reports. However, the alien's continuing notoriety more than 13 years after he left was not obvious and indisputable and neither was his interpretation of the AI reports.

Issue

Whether the Board of Immigration Appeals deprived the petitioner of due process of law by using an unconstitutional standard to determine whether his conviction for possession with intent to deliver cocaine was a particularly serious crime.

Whether the Board of Immigration Appeals deprived the petitioner of due process of law by using an unconstitutional standard to determine whether his conviction for possession with intent to deliver cocaine was a particularly serious crime.

Rule

Due process forbids the BIA from 'blindly following a categorical rule' that 'all drug convictions qualify as 'particularly serious crimes.' Instead, the BIA must make an 'individualized determination' by looking at the specific facts of each alien's case.

Due process forbids the BIA from 'blindly following a categorical rule' that 'all drug convictions qualify as 'particularly serious crimes.' Instead, the BIA must make an 'individualized determination' by looking at the specific facts of each alien's case.

Analysis

The court found that the BIA did not violate due process as it did not adopt a per se or categorical rule, but rather established a rebuttable presumption. The BIA's application of the law to the facts was upheld because the standard allowed for an individualized determination in each case, which was consistent with the requirements set forth in prior case law.

The court found that the BIA did not violate due process as it did not adopt a per se or categorical rule, but rather established a rebuttable presumption. The BIA's application of the law to the facts was upheld because the standard allowed for an individualized determination in each case, which was consistent with the requirements set forth in prior case law.

Conclusion

The appellate court denied the alien's petition, finding no grounds to disturb the BIA's decision.

The appellate court denied the alien's petition, finding no grounds to disturb the BIA's decision.

Who won?

The Bureau of Immigration & Customs Enforcement prevailed in the case as the appellate court upheld the BIA's decision and denied the alien's petition.

The Bureau of Immigration & Customs Enforcement prevailed in the case as the appellate court upheld the BIA's decision and denied the alien's petition.

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