Amara Mansare v. Loretta E. Lynch

MEMORANDUM

Amara Mansare, a native and citizen of Guinea, petitions for review of the BIA’s decision finding him ineligible for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Mansare challenges the BIA’s determination that his conviction for attempted sale of marijuana constitutes a “particularly serious crime.” Mansare also challenges the BIA’s denial of CAT relief, which the BIA denied on the merits, concluding that Mansare failed to establish that it is more likely than not he would be tortured if returned to Guinea.

1. Mansare does not contest that his 2010 conviction for attempted sale of marijuana constitutes an aggravated felony under 8 U.S.C. § 1101 (a)(43)(U). Rather, Mansare argues that the particular facts underlying his conviction “fall[ ] outside the grave conduct that encompasses a ‘particularly serious crime.’ ” To overcome the presumption that his drug trafficking crime was a particularly serious offense, Mansare was required to meet the six criteria set forth in Matter of Y-L-, 23 I. & N. Dec. 270 (AG 2002). The IJ and BIA concluded that Mansare failed to demon strate both that the drug transaction involved “a very…