Jatinder Pal Singh v. John Ashcroft, Attorney General Charles H. Demore
Opinion
Opinion
Matz, J.
On this appeal from the District Court’s denial of a habeas corpus petition, we are presented with two familiar issues of habe-as jurisdiction. First, does a classification by the Board of Immigration Appeals (“BIA”) that a crime committed by an alien facing removal was “particularly serious” constitute an exercise of discretion not reviewable on habeas corpus? Second, does a federal court have habeas jurisdiction to adjudicate an alien’s claim that in approving a removal order the BIA violated his rights under the United Nations Convention Against Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment (“the Convention”)?
Jatinder Pal Singh (“Singh”), a native and citizen of India, appeals the district court’s denial of his habeas corpus petition. Singh argues that the BIA erred in determining that he had been convicted of a “particularly serious crime,” which makes him ineligible for withholding of removal under 8 U.S.C. § 1231 (b)(3). Singh also argues that the BIA erred in determining that his removal does not violate the Convention.
We have jurisdiction under 28 U.S.C. §§ 2241 and 2253 and we affirm. In doing so, we hold that: