192842P.pdf   02/11/2021  Laith Shazi  v.  Monty Wilkinson
   U.S. Court of Appeals Case No:  19-2842
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Shepherd, Author, with Benton and Kelly, Circuit Judges] 
   Petition for Review - Immigration. Once an alien is found to have 
   committed a particularly serious crime, the agency need not engage in a 
   separate determination to address whether the alien is a danger to the 
   community, and the IJ and the BIA did not err in failing to consider 
   petitioner's likelihood of future misconduct in determining whether to 
   revoke his grant of withholding of removal; the BIA's categorical ban on 
   mental health evidence as a factor in the "particularly serious crime" 
   determination is unreasonable and the court reaffirms its position that 
   all reliable information pertaining to the nature of the crime, including 
   evidence of mental health conditions, may be considered in the 
   particularly serious crime analysis; the court lacks jurisdiction to 
   review a claim that IJ and BIA erred in finding petitioner's testimony not 
   credible as the claims relate to the termination of petitioner's statutory 
   withholding of removal; to the extent this adverse credibility 
   determination impacted petitioner's claim for CAT relief, the agency's 
   credibility determination was supported by specific, cogent reasons, 
   including citations to materials in the record, and would be affirmed; the 
   agency's adverse determination regarding whether petitioner had 
   established that it was more likely than not that he would be tortured on 
   return to Iraq is affirmed; the BIA did not abuse its discretion denying 
   petitioner's motion for a remand for consideration of additional evidence 
   on the question of torture; the petition for review is granted for further 
   consideration of petitioner's mental health in determining whether he was 
   barred from withholding of removal based on the commission of a 
   particularly serious crime.