United States Tenth Circuit

Petitioner's petition for review of the BIA's order denying his petition to reopen is denied where: 1) the record reflected that the BIA fully considered the evidence submitted by Petitioner; and 2) Petitioner's challenges to the BIA's factual assumptions could not be recast as constitutional claims falling under the jurisdictional safe-harbor of 8 U.S.C. section 1252(a)(2)(D).

Appellate Information

• Decided 06/17/2009
• Published 06/17/2009

Judges

• O'BRIEN, Circuit Judge., Before O'BRIEN, Circuit Judge, BRORBY, Senior Circuit Judge, and McCONNELL, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Daniel F. Boyle, Denver, CO, for Petitioner.


• For Appellees:
  
• Mark C. Walters, Assistant Director, Joanne E. Johnson, Attorney, Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.