United States First Circuit

Petition for review of a denial of Kenyan petitioner's motion to reopen seeking to apply individually for withholding of removal and protection under the Convention Against Torture (CAT) is denied where: 1) there was no abuse of discretion in the denial as the motion stated no new facts material to the claims, was not supported by any previously unavailable evidence, and a divorce from petitioner's husband did not constitute changed circumstances in this case; and 2) her brief improperly attempted to challenge findings of the BIA and the IJ regarding original claims for withholding of removal and protection under the CAT.

Appellate Information

• Decided 08/18/2009
• Published 08/18/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Carlos E. Estrada, on brief for petitioner.


• For Appellees:
  
• Kristin A. Moresi, Trial Attorney, Office of Immigration Litigation, Tony West, Assistant Attorney General, Civil Division, and Barry J. Pettinato, Assistant Director, Office of Immigration Litigation, on brief for the respondent.