Ansari v. Garland

Summary

The Fifth Circuit denied in part and dismissed in part a petition for review of the BIA’s denial of a motion to reopen removal proceedings. The court held that the BIA did not abuse its discretion in determining the petitioner failed to make a prima facie showing for Convention Against Torture relief based on changed circumstances in India. The court also lacked jurisdiction to review the BIA’s refusal to sua sponte reopen because no legal barrier was shown, and the petitioner abandoned any challenge to the failure to submit a required application for cancellation of removal.

Holdings

1. The BIA did not abuse its discretion because Ansari failed to make a prima facie showing of entitlement to CAT relief.
2. The court lacks jurisdiction because Ansari failed to show a legal barrier prevented the BIA from exercising its sua sponte authority.
3. Ansari abandoned the issue by failing to challenge the finding that he did not submit an application with his motion.

Questions Presented

1. Whether the BIA abused its discretion in denying Ansari's motion to reopen for CAT relief
2. Whether the court has jurisdiction to review the BIA's refusal to sua sponte reopen
3. Whether the immigration court erred in denying reopening for cancellation of removal based on Pereira

Disposition

other