United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3351 ___________________________ Abdifatah Abdi Omar, lllllllllllllllllllllPetitioner, v. William P. Barr, Attorney General of the United States, lllllllllllllllllllllRespondent. ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: November 14, 2019 Filed: June 26, 2020 ____________ Before COLLOTON, WOLLMAN, and BENTON, Circuit Judges. ____________ COLLOTON, Circuit Judge. Abdifatah Abdi Omar petitions for review of an order of the Board of Immigration Appeals that rejected his claim under the Convention Against Torture (“CAT”) for deferral of his removal to Somalia. We conclude that the Board made no legal error and deny the petition for review. Abdi Omar, a citizen and native of Somalia, entered the United States as a refugee in 1995 at age 16 and became a lawful permanent resident the next year. As an adult, Abdi Omar was convicted of three criminal offenses in Minnesota: (1) a controlled substance crime in the third degree (sale of a narcotic drug), see Minn. Stat. § 152.023, subdiv. 1(1); (2) theft, see Minn. Stat. § 609.52, subdiv. 2(a)(l); and (3) first-degree drug possession, see Minn. Stat. § 152.021, subdiv. 2(a)(l). In light of these convictions, the Department of Homeland Security initiated removal proceedings against Abdi Omar on three grounds. The first was a conviction for a violation of a law relating to a controlled substance, see 8 U.S.C. § 1227(a)(2)(B)(i). Second, the Department alleged convictions for two crimes involving moral turpitude, see 8 U.S.C. § 1227(a)(2)(A)(ii). And third was a conviction for an aggravated felony, see 8 U.S.C. §§ 1227(a)(2)(A)(iii), 1101(a)(43)(B). Abdi Omar conceded that he was removable under § 1227(a)(2)(B)(i) for a controlled substance conviction, but contested removability on the other two grounds. An immigration judge (IJ) sustained all three charges. Abdi Omar then sought several forms of relief from removal: cancellation of removal, asylum, withholding of removal, and protection under the CAT. The IJ denied the requests for cancellation of removal, asylum, and withholding, but granted the application for deferral of removal under the CAT. The IJ determined that it was more likely than not that Abdi Omar would face torture in Somalia based on his membership in the minority Begedi clan and his status as a person infected with the human immunodeficiency virus (HIV). The IJ also found that Abdi Omar could not relocate within Somalia without fear of being harmed. The Department appealed to the Board and challenged the IJ’s grant of relief. Abdi Omar responded that “the decision of the immigration judge should be upheld, and the government’s appeal dismissed.” Abdi Omar did not cross-appeal or challenge any of the IJ’s determinations. His brief acknowledged that the IJ had -2- deemed him ineligible for cancellation of removal because he had been convicted of an aggregated felony, and stated that he “does not contest this holding.” The Board concluded that the IJ had “clearly erred in forecasting that [Abdi Omar] will more likely than not be tortured in Somalia.” The Board said that ...
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