Case Summary
**Case Summary: Payano v. Mukasey, Docket Number 7853019**
**Court:** United States Court of Appeals for the Second Circuit
**Date:** The case was argued on April 18, 2007, and the decision was issued on June 12, 2007.
**Background:**
The case of Payano v. Mukasey involves the petitioner, Juan Carlos Payano, a native and citizen of the Dominican Republic, who sought judicial review of a final order of the Board of Immigration Appeals (BIA). Payano was ordered removed from the United States based on a finding that he was ineligible for withholding of removal under the Immigration and Nationality Act (INA) due to a conviction for a crime involving moral turpitude.
**Key Issues:**
1. **Withholding of Removal:** Payano argued that he had established eligibility for withholding of removal because he had a well-founded fear of persecution if returned to the Dominican Republic.
2. **Moral Turpitude:** The BIA determined that Payano’s conviction—a 1997 guilty plea to a charge of criminal possession of a controlled substance—amounted to a crime involving moral turpitude, rendering him ineligible for relief.
**Ruling:**
The Second Circuit Court of Appeals upheld the BIA’s decision. The court indicated that the BIA's determination regarding Payano's conviction was supported by substantial evidence and was not arbitrary. The court also concluded that Payano did not provide compelling evidence to support his claims of fear of persecution if returned to his country.
**Conclusion:**
The court affirmed the BIA's ruling, concluding that Payano was not entitled to withholding of removal to the Dominican Republic due to the nature of his criminal conviction and the lack of evidence supporting his fear of persecution.
**Significance:**
This case illustrates the intersection of criminal law and immigration policy, particularly relating to how convictions for crimes involving moral turpitude can affect an individual's eligibility for relief from removal. It emphasizes the burden on the petitioner to provide credible evidence supporting claims of fear of persecution in immigration proceedings.