Radmanesh Dalini v. Holder

MEMORANDUM

Seyed Hamid Radmanesh Dalini, an Iranian citizen, has petitioned for review of the dismissal of his appeal by the Board of Immigration Appeals (BIA) from a final order of removal by an Immigration Judge (IJ). On February 17, 1993, Dalini was convicted by a jury in California Superior Court of possessing 1,090 grams of opium for sale, in violation of California Health and Safety Code § 11351. A January 17, 2003 Notice to Appear charged him with removability for committing an aggravated felony, which Dalini admitted, and he conceded removability.

Because Dalini was an aggravated felon, the IJ denied his application for cancellation of removal for permanent resident status under 8 U.S.C. § 1231 (b)(3)(B)(iv). The IJ also denied Dalini’s application for withholding of removal under the Convention Against Torture, since he had been convicted of a “particularly serious crime,” thereby disqualifying him from removal relief. See 8 U.S.C. § 1231 (b)(3)(B)(ii). Finally, the IJ deferred Dalini’s removal to Iran, where he had proved that he would be tortured or killed. Dalini challenges the BIA’s adoption of the IJ’s conclusion that he was convicted of a “particularly serious…