Convicted Iraqi Citizen Fearing Torture Loses Bid to Stay in US

April 12, 2023, 7:23 PM UTC

An Iraqi citizen who immigrated to the US and converted to Christianity while in prison can’t reopen his removal proceedings, the Second Circuit decided Wednesday.

Faced with deportation to Iraq following his conviction of attempted rape in New York, Walid Kathem Nehma requested the Board of Immigration Appeals to withhold his removal.

Ordinarily, illegal immigrants can’t request withholding if they have been convicted of a particularly serious crime. Nehma argued BIA should’ve separately considered whether he was a danger to the community, but the Second Circuit said that was incorrect in a summary order.

Though he doesn’t dispute his conviction, ...

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