Fuller v. Sessions

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 17-3176
Decision Date: 
January 8, 2018
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Motion for stay of removal pending disposition of petition for review denied

Ct. of Appeals denied alien’s motion for stay of removal pending disposition of his appeal of Bd.’s denial of his second motion to reopen proceedings, under circumstances where Bd. had originally ordered alien’s removal based on finding that: (1) alien’s 2004 conviction for attempted criminal assault was “particularly serious crime” within meaning of 8 USC section 1231(b)(3)(B)(ii); and (2) for purposes of alien’s request for deferral of removal that alien had not shown that he was bisexual or that Jamaican govt. would regard him as such. Ct. of Appeals had originally affirmed Bd.’s removal order, and although alien alleged in second motion to reopen that he would be killed because of his bisexuality if he was returned to Jamaica, stay of any removal proceedings was improper, especially where Bd.’s decision on motion to reopen is generally discretionary and unreviewable, and where Bd. had already considered and rejected alien’s new evidence contained in his motion to reopen.