The Eighth Circuit has determined that the agency need not consider an applicant’s mental health in its particularly serious crime analysis when invoking the presumption in Matter of Y-L- that drug trafficking crimes are particularly serious crimes, unless the applicant first overcomes that presumption.

The full text of Gilbertson v. Garland can be found here:

https://ecf.ca8.uscourts.gov/opndir/21/08/202355P.pdf

Comment