(United States moment Circuit) - In a petition for review of a Board of Immigration Appeals (BIA) decision finding petition detachable based on his unlawful entry into the U.
S.,the petition is denied where, because removal is not punitive, and neither the Fifth Amendment's due process clause nor the Eighth Amendment's prohibition on cruel and unusual punishment requires consideration and weighing as to the proportionality of removal against the grounds for removability.
Source: findlaw.com