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Keywords

jurisdictionprecedentappealmotioncredibility

tortjurisdictionprecedentappealmotionvisanaturalizationcredibility

Related Cases

F-S-N-, Matter of

Facts

Garfield Greenwood attempted to enter the U.S. using a fraudulent passport and was subsequently ordered removed. After reentering the U.S., he applied for withholding of removal, claiming fear of persecution due to his political party membership in Jamaica. The IJ found him not credible based on his use of multiple identities and fraudulent documents. Greenwood's previous motions to reopen were denied due to untimeliness and lack of credible evidence. In his second motion, he claimed worsening political violence in Jamaica but was again denied by the BIA.

In 1997, Garfield Greenwood tried to enter the United States using a passport in the name of 'Errol Brown,' claiming to be a native of Jamaica and citizen of Canada. The Immigration and Naturalization Service (INS)the former agency then mainly responsible for immigration enforcementdetermined that Greenwood was inadmissible for not being in possession of a valid travel document, not having a valid visa, and attempting to enter the United States by fraud. Greenwood later reentered the United States, and the U.S. Department of Homeland Security (DHS) reinstated the prior administrative removal order against him under the name of 'Errol Brown.' Greenwood stated that his 'complete and correct name' is 'Garfield Greenwood' but that he had used the names 'Errol Brown' and 'Ivan Daniel.' He applied for withholding of removal and protection under the Convention Against Torture. Before the IJ, Greenwood claimed that he feared returning to Jamaica because of his membership in the People's National Party and political violence by the opposing Jamaica Labor Party, including the murder of his brother and nephew.

Issue

Did the BIA abuse its discretion in denying Greenwood's motion to reopen based on a prior adverse credibility determination, and does the court have jurisdiction to review the BIA's refusal to reopen sua sponte?

Rule

The BIA may deny a motion to reopen based on a previous adverse credibility determination if that finding undermines the petitioner's new claims. The court lacks jurisdiction to review the BIA's discretionary decisions not to reopen a case sua sponte.

Analysis

The court found that the BIA did not abuse its discretion in denying Greenwood's motion to reopen because the IJ's prior finding that Greenwood lacked credibility regarding his identity undermined his claims of political violence. The court noted that without credible evidence of his identity, Greenwood's claims about political violence were immaterial. The court also highlighted that the BIA's reasoning was consistent with precedent, which allows reliance on prior adverse credibility findings.

Conclusion

The court denied in part Greenwood's petition regarding the motion to reopen based on changed country conditions and dismissed in part his petition seeking review of the BIA's exercise of its sua sponte discretion.

Who won?

The Board of Immigration Appeals prevailed because the court upheld its decision to deny Greenwood's motion to reopen based on a lack of credibility.

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