United States First Circuit

Petition for review of a denial of a motion to reopen proceedings is denied where: 1) petitioner's due process claim was a disguised challenge to fact finding, thus the court had no jurisdiction; 2) petitioner did not sufficiently establish a prima facie entitlement to asylum; and 3) petitioner did not establish that the BIA had a regulatory or statutory obligation to rule on a motion to stay voluntary departure.

Appellate Information

• Decided 11/02/2007
• Published 11/02/2007

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, TASHIMA, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William E. Graves Jr. for petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Nancy E. Friedman, Office of Immigration Litigation Attorney, and Richard M. Evans, Office of Immigration Litigation Assistant Director, for respondent.