Karastan L. Edwards v. U.S. Attorney General, No. 19-15077 (11th Cir. 2022)
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Petitioner is a native and citizen of Jamaica who was admitted to the United States in 2002 and who became a lawful permanent resident in 2003. In February 2012, he pleaded guilty to and was convicted of the Georgia crime of family violence battery, for which he was sentenced to 12 months confinement that he was permitted to serve on probation.
In March 2015, the Department of Homeland Security initiated removal proceedings against Petitioner on the theory that his Georgia family violence battery conviction was an “aggravated felony” under the INA, making him removable. Petitioner challenged this classification and claimed he was entitled to relief under the Convention Against Torture (CAT).
First, the 11th Circuit held that Petitioner's conviction in Georgia was an "aggravated felony," finding that his probationary sentence still qualified as "incarceration." Second, pertaining to his request for CAT relief, the court held Petitioner failed to show the likelihood of government involvement or acquiescence in any torture by the Jamaican government.
The court issued a subsequent related opinion or order on March 6, 2024.
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