Case Explained: 26a0222p.06

Court: United States Court of Appeals for the Sixth Circuit Filed: 2026-08-07 The sixth-circuit denied Leandro Edimar Spindola’s petition for review seeking asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court held that the Board of Immigration Appeals (BIA) properly applied the serious-nonpolitical-crime bar to Spindola’s claims for asylum and withholding of removal. In a decision of first impression for the circuit, the court ruled that the statutory phrase “serious reasons for believing” an alien committed a serious nonpolitical crime requires only a finding of probable cause. Applying this standard, the court found substantial evidence supported the BIA’s conclusion that Spindola committed attempted murder in Brazil by chasing his nephew with a vehicle and shooting at him multiple times, causing serious injury. The court rejected Spindola’s arguments that he lacked specific intent to kill or acted in defense of others, noting that such claims did not legally preclude the bar’s application under the probable-cause standard and were properly rejected based on the totality of circumstances and the burden placed on the petitioner to disprove the bar by a preponderance of the evidence. Furthermore, the court affirmed the denial of CAT relief, finding substantial evidence that Spindola failed to demonstrate it was more likely than not he would be tortured with the consent or acquiescence of Brazilian public officials, as law enforcement had intervened and prosecuted his attackers, and his claims regarding future torture in prison were unsupported by sufficient evidence of Rafael’s ongoing connections to criminal syndicates. As a result, Spindola’s petition is denied, and the BIA’s order affirming the Immigration Judge’s denial of relief remains in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.