A young man who arrived in the United States as a child was detained by immigration after serving a criminal sentence for a drug offense. While serving his criminal sentence and while in immigration detention, client was treated for schizophrenia. Attorney Cohen used client’s county jail and federal medical and psychiatric records in support of an application for Torture Convention relief from deportation. Attorney Cohen argued that client would likely be subject to torture if returned to Haiti, due to his mental illness and Haiti’s policy of detaining “criminal deportees.” Additionally, Cohen presented expert psychological and country-condition evidence, along with testimony of client’s family members. The Immigration Court denied the application. Attorney Cohen appealed the decision to the Board of Immigration Appeals (BIA). Attorney Cohen won the appeal, with the BIA reversing the Immigration Judge’s decision, and granting client Torture Convention Relief.
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Mitchell J. Cohen, Esq.