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Keywords

felonyasylum
felonyasylum

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Robleto-Pastora v. Holder

Facts

Jorge Filadelfo Robleto-Pastora, a native and citizen of Nicaragua, fled his country during the Sandinista regime and was granted asylum in 1986. He adjusted his status to lawful permanent resident in 1988. After being convicted of forgery in 2005, he was ordered removed as an aggravated felon. Robleto sought relief from removal by applying for asylum, withholding of removal, and readjustment of status, but was denied by the IJ and the BIA.

Jorge Filadelfo Robleto-Pastora, a native and citizen of Nicaragua, fled his country during the Sandinista regime and was granted asylum in 1986. He adjusted his status to lawful permanent resident in 1988. After being convicted of forgery in 2005, he was ordered removed as an aggravated felon. Robleto sought relief from removal by applying for asylum, withholding of removal, and readjustment of status, but was denied by the IJ and the BIA.

Issue

Whether Robleto was eligible for asylum or withholding of removal given his aggravated felony conviction and whether he could readjust his status.

Whether Robleto was eligible for asylum or withholding of removal given his aggravated felony conviction and whether he could readjust his status.

Rule

An alien convicted of an aggravated felony is ineligible for asylum under 8 U.S.C. 1158. To qualify for withholding of removal, an alien must demonstrate that it is more likely than not that he would be subject to persecution on specified grounds.

An alien convicted of an aggravated felony is ineligible for asylum under 8 U.S.C. 1158. To qualify for withholding of removal, an alien must demonstrate that it is more likely than not that he would be subject to persecution on specified grounds.

Analysis

The court determined that Robleto's aggravated felony conviction precluded his eligibility for asylum. Although his conviction did not bar his application for withholding of removal, he failed to provide sufficient evidence of past persecution or a well-founded fear of future persecution. The court noted that Robleto's claims of fear were not substantiated by evidence indicating that he would be targeted upon return to Nicaragua.

The court determined that Robleto's aggravated felony conviction precluded his eligibility for asylum. Although his conviction did not bar his application for withholding of removal, he failed to provide sufficient evidence of past persecution or a well-founded fear of future persecution. The court noted that Robleto's claims of fear were not substantiated by evidence indicating that he would be targeted upon return to Nicaragua.

Conclusion

The court denied the petitions for review, affirming the BIA's decision that Robleto was ineligible for asylum and withholding of removal.

The court denied the petitions for review, affirming the BIA's decision that Robleto was ineligible for asylum and withholding of removal.

Who won?

The government prevailed in the case as the court upheld the BIA's decision to deny Robleto's petitions for review based on his aggravated felony conviction.

The government prevailed in the case as the court upheld the BIA's decision to deny Robleto's petitions for review based on his aggravated felony conviction.

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