Fuller v. Whitacker

Alien was entitled to remand for Bd.'s reconsideration of his motion to reopen his removal proceeding so that he could present new evidence in form of certain letters in support of his request to defer his removal to Jamaica under Convention Against Torture (CAT). Record showed that Bd. had previously sustained IJ’s finding that alien was not entitled to CAT relief because he was not credible in his allegations that he was bisexual and that he would face torture because of his sexual orientation. However, record also showed that Bd. had misapprehended basis for alien’s request to reopen matter by stating in contravention to substance of alien’s motion that alien did not contest Bd.’s prior conclusions regarding alien’s credibility or his eligibility for deferral of removal. As such, although Ct. of Appeals lacked jurisdiction to consider merits of Bd.’s denial, Ct. of Appeals could remand matter for reconsideration of alien’s motion due to Bd.’s legal error in misapprehending alien’s request for relief.