The Second Circuit has determined that the criminal alien jurisdiction stripping provision only applies when the petitioner’s removal order is premised on the criminal offense. The court also remanded the petitioner’s CAT claim, finding that the agency improperly placed the burden on the petitioner to show that he could not safely internally relocate in Jamaica. “We have never before held that internal relocation is satisfied by assuming that a petitioner must essentially live incommunicado and isolated 5 from loved ones. And we decline to do so here.”
The full text of Manning v. Barr can be found here:
https://www.ca2.uscourts.gov/decisions/isysquery/20232925-1efe-476c-a08f-4d4efef6b2ae/27/doc/17-2182_complete_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/20232925-1efe-476c-a08f-4d4efef6b2ae/27/hilite/