chula, I finally managed to dig up a decision which addresses ineligibility for asylum and withholding of deportation based on criminal convictions subsequent to entry to the U.S. It’s from 1997, so post-promulgation of CAT. There are lots more where this came from; this is just a sample. I’m not reproducing the entire opinion here, but you can find it through a link that I’ve posted at the bottom. So as you can see, it’s entirely possible to be ordered deported even if it’s likely you will face persecution in your home country.
For your analytical pleasure:
Ran CHOEUM, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Nos. 96-1446, 97-1552.
United States Court of Appeals,
First Circuit.
Heard May 9, 1997.
Decided Nov. 5, 1997.
SYNOPSIS
Alien who had pleaded guilty to burglary and kidnapping in state court petitioned for review of final orders of the Board of Immigration Appeals (BIA) denying alien’s applications for asylum and withholding and for discretionary waiver, and denying alien’s motions to reopen. The Court of Appeals initially upheld BIA’s decisions, and, on rehearing, the Court of Appeals, Lynch, Circuit Judge, held that: (1) alien’s motion to reopen, but not judicial review of BIA decisions, was “action taken” within meaning of Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), for purpose of review [*30] under Antiterrorism and Effective Death Penalty Act (AEDPA); (2) alien was not entitled to separate determination of dangerousness to community in connection with denial of withholding of deportation; (3) regulation supporting denial of asylum did not exceed authority delegated by Congress; and (4) BIA did not abuse its discretion in denying waiver of deportation.
Affirmed in part and dismissed in part.
Opinion, 118 F.3d 17, withdrawn.
You can find the entire decision (Choeum v. INS) at:
http://www.law.emory.edu/1circuit/nov97/index.html
If you can find something which either a) debunks my theory, or b) provides support for the idea that U.S. law violates U.S. obligations under international law for this reason, please provide.