DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
191478P.pdf 07/07/2020 Bashir Sharif v. William P. Barr
U.S. Court of Appeals Case No: 19-1478
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Loken, Circuit
Judges]
Petition for Review - Immigration. Petitioner seeks review of the BIA's
decision denying his motion to reopen his removal proceedings; the court
finds it lacks jurisdiction to review the majority of petitioner's
arguments concerning his motion to reopen his asylum and withholding of
removal claims because they merely constitute a brief in opposition to the
BIA's fact findings and do not present questions of law; with respect to
petitioner's CAT claim, the court has broader jurisdiction, but the BIA
did not abuse its discretion in denying the motion to reopen as petitioner
failed to demonstrate that changes in Somalia over the last decade amount
to changed country conditions that would change the result in his case;
with respect to petitioner's motion for remand, the court could not review
the BIA's order to the extent it denied remand on the asylum and
withholding of removal claims; the BIA did not abuse its discretion in
determining that further proceedings on petitioner's motion to reopen his
CAT claim were not warranted by the newly-presented evidence attached to
the motion for remand; claim the BIA's handling of the matter violated
petitioner's Fifth Amendment due process rights rejected.