Matter of M-B-A-
Board of Immigration Appeals
23 I & N Dec. 474 (2002)
M-B-A- (petitioner), a Nigerian native convicted in the U.S. of drug importation and possession with intent to distribute, sought deferral of removal under the Convention Against Torture, testifying she'd be imprisoned and tortured on return to Nigeria based on Decree 33, a Nigerian law calling for imprisoning drug traffickers convicted abroad, and on a friend's experience being imprisoned seven years earlier for a similar offense until her family bribed guards for her release. M-B-A- said she had no one in Nigeria to similarly help her and feared beatings, rape, and denial of treatment for her asthma, depression, and ulcers; an immigration judge denied her application, and she appealed.
Whether evidence that an alien might be subject to harsh imprisonment conditions if deported is sufficient to qualify for deferral of removal under the Convention Against Torture.