Case: 21-60782 Document: 00516069987 Page: 1 Date Filed: 10/26/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 26, 2021 No. 21-60782 Lyle W. Cayce Clerk Roderick Winston Stanton-Black, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A 035-166-856 Before Smith, Higginson, and Willett, Circuit Judges. Per Curiam:* Roderick Winston Stanton-Black, a citizen of Jamaica, first came to the United States in 1978 as a lawful permanent resident. On January 10, 1995, he was convicted for conspiracy to possess and distribute cocaine and was sentenced to more than forty years in prison. On February 9, 2021, the Department of Homeland Security served him with a Notice to Appear, * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-60782 Document: 00516069987 Page: 2 Date Filed: 10/26/2021 No. 21-60782 alleging that he was removable pursuant to the Immigration and Nationality Act by virtue of his aggravated felony. Stanton-Black admitted that he was removable under the Immigration and Nationality Act but sought protection under the “Convention Against Torture” (CAT). See Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, 1465 U.N.T.S. 85 (entered into force for the United States Nov. 20, 1994). He alleged that in 2010, while he was in prison, a man consensually performed a sex act on him. A gang composed of Jamaican men known as the “Rude Boys” took Stanton-Black outside and punched him in the face three or four times. They told him that by engaging in homosexual activity he was disrespecting the Rastafarian and Jamaican community, and that they would murder him when he returned to Jamaica. Based on these events, Stanton- Black alleges that he is entitled to relief under the CAT. The Immigration Judge ordered Stanton-Black removed to Jamaica and denied his request for protection under the CAT. The Immigration Judge concluded that while Stanton-Black was punched, he had not shown that it was more likely than not that he would be tortured by or with the consent of the Jamaican government. The Board of Immigration Appeals affirmed the decision of the Immigration Judge and dismissed Stanton-Black’s administrative appeal. Stanton-Black then filed a petition for review, along with an emergency request for a stay of removal. We review the Immigration Judge’s factual determinations for substantial evidence, meaning that we will only reverse if we decide “not only that the evidence supports a contrary conclusion, but also that the evidence compels it.” Milat v. Holder, 755 F.3d 354, 359 (5th Cir. 2014) (quoting Chen v. Gonzales, 470 F.3d 1131, 1134 (5th Cir. 2006)). This review is highly deferential. “[A] reviewing court must accept ‘administrative findings’ as 2 Case: 21-60782 Document: 00516069987 Page: 3 Date Filed: 10/26/2021 No. 21-60782 ‘conclusive unless any …
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