Ammar Marqus v. William P. Barr

RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 20a0234p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT AMMAR ISAM MARQUS, ┐ │ Petitioner, │ > No. 18-4252 v. │ │ │ WILLIAM P. BARR, Attorney General, │ Respondent. │ ┘ On Petition for Review from the Board of Immigration Appeals; No. A 212 373 178. Decided and Filed: July 30, 2020 Before: MOORE, McKEAGUE, and GRIFFIN, Circuit Judges. _________________ COUNSEL ON BRIEF: Edward Amir Bajoka, BAJOKA LAW GROUP PLLC, Warren, Michigan, for Petitioner. Lisa Morinelli, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. _________________ OPINION _________________ KAREN NELSON MOORE, Circuit Judge. Ammar Isam Marqus petitions this court to review the decision of the Board of Immigration Appeals (“BIA”) denying him deferral of removal under the Convention Against Torture (“CAT”) and denying his motion to remand for consideration of new evidence. For the reasons that follow, we DENY in part and GRANT in part the petition for review, and REMAND for further proceedings consistent with this opinion. No. 18-4252 Marqus v. Barr Page 2 I. BACKGROUND Marqus is a native and citizen of Iraq and was admitted to the United States as a refugee in 2012. A.R. at 219. He later adjusted his status to Lawful Permanent Resident. A.R. at 220. In 2017, he was convicted of attempted criminal sexual conduct under MICHIGAN COMPILED LAWS § 750.520d(1)(b). A.R. at 220. As a result, the Government served him with a Notice to Appear and initiated removal proceedings. Id. His removal hearing was held on March 29, 2018, and both the Government and Marqus submitted evidence for the record. Id. Against the Government’s objections, the Immigration Judge (“IJ”) admitted the expert declarations of Daniel Smith, Mark Lattimer, and Shamiran Mako, but excluded the declaration of country- conditions expert Rebecca Heller. Id. at 221 n.3. On June 5, 2018, the IJ issued an opinion ordering Marqus removed to Iraq. Id. at 244. The IJ determined that Marqus was ineligible for withholding of removal under the Immigration and Nationality Act (“INA”) or the CAT because the “particularly serious crime” bar applied as a result of his conviction for attempted criminal sexual conduct. Id. at 234, 240 (citing 8 U.S.C. § 1158(b)(2)(A)(ii); 8 C.F.R. § 1208.13(c)(1)). The IJ also determined, based on all the evidence, that Marqus was not entitled to deferral of removal under the CAT. Id. at 235, 240 (citing 8 C.F.R. § 1208.17). Marqus appealed to the BIA the IJ’s evidentiary and merits rulings and sought to introduce new evidence. On November 23, 2018, the BIA dismissed his appeal and denied his request to consider new evidence, which it interpreted as a motion to remand. Id. at 3, 7. He has petitioned this court to review the BIA’s dismissal of his CAT claim and its denial of his motion to remand. The existing record evidence includes expert declarations, the United States Department of State 2016 Human Rights Report on Iraq (“DOS 2016 Human Rights Report”), and the United ...

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