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Matter of M-B-A-

Board of Immigration Appeals
23 I & N Dec. 474 (2002)


M-B-A- was born in Nigeria and later immigrated to the United States. She was convicted of importation of a controlled substance and heroin possession with the intent to distribute. Her sentence was reduced after cooperating with law enforcement. At her immigration hearing, she applied for deferral of removal under Article 3 of the Convention Against Torture. M-B-A- testified that she would be imprisoned and tortured because of her convictions. She submitted a copy of Decree 33, a Nigerian government decree which stated that the government would imprison Nigerian drug traffickers convicted in foreign countries. M-B-A- also testified that a friend had been convicted of a similar offense and had been imprisoned upon returning to Nigeria. The friend's family bribed the guards to let her out, but M-B-A- said that she had no one in Nigeria to help her. M-B-A- feared that she would be beaten, raped, and denied medical treatment for her asthma, depression, and ulcers. The immigration judge denied her application and M-B-A- appealed to the Board of Immigration Appeals.

Rule of Law


Holding and Reasoning (Holmes, J.)

Concurrence/Dissent (Rosenberg, J.)

Dissent (Schmidt, J.)

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