Tuesday, April 21, 2026
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Ninth Circuit Won’t Block Deportation of Convict
Alien Contends He Would Be Tortured if Returned to Brazil
By a MetNews Staff Writer
The Ninth U.S. Circuit Court of Appeals yesterday declined to grant review of a decision that deportation of a man who was convicted in Brazil of a homicide may proceed despite the proclamation of the prosecutor during his trial, in absentia, that he wanted the life of the defendant ended .
Roberson Flavio Santana sought withholding of removal under the Convention Against Torture, arguing that if returned to his native land, he would be at the hands of corrupt officials who wish him harm. The Board of Immigration Appeals (“BIA”) rejected his contention.
A panel comprised of Circuit Judges Patrick J. Bumatay, Consuelo M. Callahan, and Eric C. Tung said in yesterday’s memorandum opinion:
“The BIA found that District Attorney Medeiros’s threats, made during trial in 2016. that he wanted Santana convicted and killed, were overzealous statements. While Santana’s expert testified to the corruption in Brazil involving judges, prosecutors, and government officials. Santana offered no evidence concerning Medeiros’s inclination or ability to carry out the threats. Also, members of Santana’s family resided in Brazil at least until 2021 without being banned. The record does not compel the conclusion that the BIA erred in finding that Santana would not be tortured if returned to Brazil.”
The judges added:
“Santana admits that, in response to two women kicking his wife and pulling her hair, he “instinctively grabbed” an ice pick and stabbed one woman in the shoulder and the other in the upper back, killing her. He was tried in Brazil in absentia. At trial, his attorney argued self-defense, but the jury found him guilty of involuntary manslaughter and attempted homicide. Even accepting Santana’s claim that the presiding judge was biased against him and that Santana believes he acted in self-defense, he has not shown that the BIA unreasonably found that there are serious reasons to believe that he committed a serious nonpolitical crime.”
The case is Santana v. Blanche, 25-643.
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