BIA on Final Judgment, Particularly Serious Crime: Matter of D-L-S-

Matter of D-L-S-, 28 I&N Dec. 568 (BIA 2022) - "This case was last before us on October 28, 2016, when we dismissed the respondent’s appeal from the Immigration Judge’s decision denying his application for withholding of removal under section 241(b)(3)(A) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1231(b)(3)(A) (2012), and protection under the regulations implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, S. Treaty Doc. No. 100-20, 1465 U.N.T.S. 85 (entered into force for United States Nov. 20, 1994). This case is presently before us pursuant to a March 30, 2017, order from the United States Court of Appeals for the Eleventh Circuit granting the Government’s unopposed motion to remand, which asked us to further consider the respondent’s eligibility for withholding of removal under the INA. The parties have filed briefs on remand. The appeal will again be dismissed. ... The Immigration Judge properly pretermitted the respondent’s application for withholding of removal under section 241(b)(3)(A) of the INA, 8 U.S.C. § 1231(b)(3)(A), after she concluded that his deferred adjudication for felony battery under Florida law rendered him “convicted by a final judgment of a particularly serious crime” within the meaning of section 241(b)(3)(B)(ii) of the INA, 8 U.S.C. § 1231(b)(3)(B)(ii). Accordingly, the appeal will again be dismissed. ORDER: The respondent’s appeal is dismissed."