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Keywords

appealmotionleasefelonyasylumcredibility
appealmotionleasefelonyasylumcredibility

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Doissaint v. Mukasey

Facts

Petitioner, a Haitian citizen, entered the United States in 1992 and was granted asylum in 1993, becoming a lawful permanent resident in 1995. In 2000, he was convicted of three counts of second-degree assault and sentenced to 70 months' imprisonment. After his release, the government placed him in removal proceedings, where the Immigration Judge ruled he was ineligible for asylum or withholding of removal due to his aggravated felony status and denied his CAT claim based on a lack of credibility.

Petitioner, a Haitian citizen, entered the United States in 1992 and was granted asylum in 1993, becoming a lawful permanent resident in 1995. In 2000, he was convicted of three counts of second-degree assault and sentenced to 70 months' imprisonment. After his release, the government placed him in removal proceedings, where the Immigration Judge ruled he was ineligible for asylum or withholding of removal due to his aggravated felony status and denied his CAT claim based on a lack of credibility.

Issue

Did the BIA err in dismissing the petitioner's CAT claim as abandoned and in denying his motion to reopen?

Did the BIA err in dismissing the petitioner's CAT claim as abandoned and in denying his motion to reopen?

Rule

When the BIA commits legal error in a petitioner's direct appeal, the BIA cannot cure that error in a denial of the petitioner's motion to reopen.

When the BIA commits legal error in a petitioner's direct appeal, the BIA cannot cure that error in a denial of the petitioner's motion to reopen.

Analysis

The court found that the BIA erred in treating the petitioner's CAT claim as abandoned, as he had substantively briefed the issue. The BIA's dismissal of the appeal was based on this erroneous ground, and the court held that the BIA could not correct its legal error through the subsequent denial of the motion to reopen. The court emphasized that a motion to reopen is fact-based and cannot be used to address legal errors made in prior decisions.

The court found that the BIA erred in treating the petitioner's CAT claim as abandoned, as he had substantively briefed the issue. The BIA's dismissal of the appeal was based on this erroneous ground, and the court held that the BIA could not correct its legal error through the subsequent denial of the motion to reopen. The court emphasized that a motion to reopen is fact-based and cannot be used to address legal errors made in prior decisions.

Conclusion

The court granted the petition on the BIA's dismissal of the immigrant's appeal and remanded for the BIA to examine the CAT claim. The second petition for review was dismissed as moot.

The court granted the petition on the BIA's dismissal of the immigrant's appeal and remanded for the BIA to examine the CAT claim. The second petition for review was dismissed as moot.

Who won?

The petitioner, Volsaint Doissaint, prevailed in part because the court found that the BIA had committed legal error in dismissing his CAT claim.

The petitioner, Volsaint Doissaint, prevailed in part because the court found that the BIA had committed legal error in dismissing his CAT claim.

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