In many countries, people are less tolerant when it comes to mental illness and individuals with physical disabilities. People living with those conditions may be targeted for torture or even death. As a result, deportation can be especially dangerous for these folks. If you have a disability or mental illness and are facing potential deportation, it is crucial that you retain the services of an experienced Maryland deportation defense lawyer, who can help you protect yourself and — when possible — avoid deportation.
M.M. was one of those people. He was a citizen of Guyana but a lawful permanent resident of the U.S. M.M. was also a man living with schizophrenia, the symptoms of which included hallucinations and severe paranoia.
In 2006, police arrested M.M. during an alleged psychotic episode. The man eventually took a plea deal and served 16 years in prison. After M.M. served his term in state prison, the Department of Homeland Security initiated proceedings to deport him, asserting that the 2006 charges included an aggravated felony.
The man asked for a deferral of removal based on the Convention Against Torture. The crux of his CAT argument was that, if the U.S. sent him to Guyana, the public and government officials would target him for torture based on his mental illness, his physical disabilities (knee and ankle problems forced him to use a wheelchair), his status as a deportee, and his race (Black). To back up this argument, M.M. gave testimony about his fears of torture and provided the immigration judge with “evidence of the mistreatment that members of these groups face,” which included testimony from a psychotherapist and an affidavit from M.M.’s aunt who had traveled to Guyana and “saw people who had been deported [back to Guyana] and were killed.”
In addition, the man provided the immigration judge with articles that described the poor conditions in mental health facilities in Guyana, reports of the police killing Black people, physically disabled people, and mentally ill people, and reports that the police “turned a blind eye” when members of the public committed similar killings.
The immigration judge said that M.M. and the psychotherapist were credible witnesses. Still, she denied his deferral request, concluding that M.M. “failed to show that it was more likely than not that he’d be tortured in Guyana” because of his mental illness.
The Board of Immigration Appeals upheld the IJ’s ruling, but the 4th Circuit Court of Appeals ruled for M.M., reviving his case. The appeals court explained that the IJ and BIA erred in weighing the evidence. To qualify for a deferral under the CAT, “an applicant must establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” When, as was M.M.’s case, the applicant presents multiple bases for torture, “he’s entitled to protection so long as the cumulative probability of torture by all entities, or for all reasons, exceeds 50%.”
Additionally, when reviewing a CAT claim, an “agency must consider the full panoply of the risk-of-torture evidence” an applicant has submitted—including evidence of multiple sources of torture and reasons for torture.”
The DHS did not do that in this case. Specifically, the agency arbitrarily discounted relevant evidence when it analyzed only whether or not M.M. faced a risk of torture as a man with mental illness, and ignored the claims (and relevant supporting evidence) that the applicant submitted based on his “race, physical disability, and criminal-deportee status.”
In short, M.M. presented evidence of his fear of torture for a variety of reasons — proof that the agency did not rebut. When that happens, immigration authorities are required to consider that evidence. Because it did not do so in M.M.’s case, he was entitled to a reversal of his deportation order.
So much is at stake in a deportation. It may mean losing a job and being separated from family. For others, it may include being targeted for torture or death. Given these stakes, it is vital that you pursue your legal options, including deferral, as aggressively as possible. The Maryland deportation defense attorneys at Anthony A. Fatemi, LLC can help. Our knowledgeable team can help you defend your rights to the fullest extent possible. Contact us today at 301-519-2801 or use our online form to schedule your consultation.