Bryan St. Patrick Gallimore was arrested and convicted of second degree burglary with a sentence of no more than ten years. Gallimore was consequently facing criminal deportation as an alien convicted of an aggravated felony.
Gallimore sought to stay in the U.S. by seeking deferral of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). However, he was denied because of the criminal alien bar under 8 U.S.C. Section 1227.