Davis

MEMORANDUM **

Leslie Nicholas Davis, a native and citizen of Jamaica, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an Immigration Judge’s (“IJ”) finding of removal and denial of his applications for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). On appeal, Davis challenges the findings that he had been convicted of a “particularly serious crime,” and that he was ineligible for protection under the CAT.

1. The Attorney General has been statutorily granted the discretion to determine whether an aggravated felony conviction resulting in a sentence of less than five years is a particularly serious crime. 8 U.S.C. § 1231 (b)(3)(B). Counsel for Petitioner concedes that in In re Y-L-, 23 I. & N. Dec. 270, 273-77 (BIA 2002), disapproved on unrelated grounds in Zheng v. Ashcroft, 332 F.3d 1186, 1196 (9th Cir.2003), the Attorney General properly exercised his discretion to determine that aggravated felonies resulting in sentences of less than five years, but involving unlawful trafficking in controlled substances, are “particularly serious crimes” within the meaning of the Immigration…