Date: 20 July 2009
Frank Enwonwu, a Nigerian national, was arrested at a United States entry point for smuggling heroin in 1986. He negotiated a deal to plead guilty, serve his sentence under probation and assist the DEA and DHS as an informant. He was granted work authorization and continued to reside lawfully in the United States, fathering a child who was 13 years old at the time of the proceedings. Due to changes in immigration policy, following the events of September 11th, Mr. Ewonwu lost eligibility to reside in the United States based on his prior criminal conviction. The law precluded individuals with aggravated felonies to become permanent residents—this included certain drug-related offenses. Mr. Ewonwu contended his return to Nigeria would result in torture at the hands of drug traffickers or government officials complicit in the scheme he informed upon and an immigration Court eventually overturned the decision to stay his deportation on such grounds. The Commission held that while the CAT provisions do not fall under their jurisdiction, they may use them as interpretative tools in rendering decisions on both admissibility and merits of a case. The Commission held they had jurisdiction to hear the merits of the case and provisional measures should still stand withholding his deportation.
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