N.J. Robbery Conviction Stops Bisexual Nigerian’s Asylum Request

May 4, 2021, 3:58 PM

A Nigerian who discovered he is bisexual while being held in detention isn’t entitled to asylum in the U.S., even though the Nigerian government discriminates against LGBTQ people, the Third Circuit said Tuesday.

K.A.'s proceedings can’t be reopened because he was convicted of second degree robbery in New Jersey in 2000, the opinion by Judge Peter J. Phipps said.

K.A.'s crime of conviction is categorically an aggravated felony “theft offense” under the Immigration and Nationality Act, the U.S. Court of Appeals for the Third Circuit said. Further, because K.A. was sentenced to more than five years, he committed a particularly...

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