MORENO-OSORIO v. GARLAND

Holding that Virginia Code § 18.2-51 (unlawful wounding) is a “crime of violence” under 18 U.S.C. § 16(a) because it has as an element the use of “physical force,” and therefore it is an “aggravated felony” under the INA. The Fourth Circuit also upheld the denial of the petitioner’s claims for asylum, withholding of removal, and CAT protection because (1) the petitioner’s proposed PSG (“returning migrants from the United States”) did not satisfy the “particularity” requirement for asylum and withholding, and (2) for purposes of CAT protection, the petitioner did not meet his burden of showing that he would “more likely than not” be tortured if removed to Honduras.

Date of Decision
Published