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Matter of Y-L-

Attorney General
23 I & N Dec. 270 (2002)


Y-L- and A-G- (defendants) were born in Haiti and Jamaica, respectively. They were both convicted on drug trafficking charges and sentenced to less than five years in prison. Y-L- stated that many members of his family were killed by a death squad in Haiti, and he would be subject to torture by members of the squad if he returned. A-G- similarly stated that he would be subject to torture if deported to Jamaica because he assisted law enforcement in arresting his former drug supplier. Y-L- and A-G- requested deferral of removal based on the Convention Against Torture. The Board of Immigration Appeals held that their crimes did not constitute particularity serious crimes which would make them ineligible for withholding of deportation, despite the fact that the crimes fit the definition of an aggravated felony. The Attorney General reviewed the Board's decisions.

Rule of Law


Holding and Reasoning (Ashcroft, A.G.)

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