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Keywords

torthearingmotionasylumdeportation
torthearingmotionasylumdeportation

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Fongwo v. Gonzales

Facts

Petitioner, who identifies himself as Jean Noel Fongwo, a native of Cameroon, applied for asylum, withholding of removal, and protection under the Convention Against Torture. An Immigration Judge denied his application, and petitioner filed a motion to reopen and reconsider. The IJ denied the motions, and the BIA affirmed that decision without opinion. Petitioner challenges the agency's decision on the motions to reopen and reconsider, and we deny the petition for review.

Petitioner, who identifies himself as Jean Noel Fongwo, a native of Cameroon, applied for asylum, withholding of removal, and protection under the Convention Against Torture. An Immigration Judge denied his application, and petitioner filed a motion to reopen and reconsider. The IJ denied the motions, and the BIA affirmed that decision without opinion. Petitioner challenges the agency's decision on the motions to reopen and reconsider, and we deny the petition for review.

Issue

Did the Immigration Judge abuse her discretion in denying the petitioner's motions to reopen and reconsider?

Did the Immigration Judge abuse her discretion in denying the petitioner's motions to reopen and reconsider?

Rule

Motions to reopen deportation proceedings are particularly disfavored, as 'every delay works to the advantage of the deportable alien who wishes merely to remain in the United States.' Motions to reopen must state new facts that are material to the outcome of the proceeding and were neither available nor discoverable at the prior hearing.

Motions to reopen deportation proceedings are particularly disfavored, as 'every delay works to the advantage of the deportable alien who wishes merely to remain in the United States.' Motions to reopen must state new facts that are material to the outcome of the proceeding and were neither available nor discoverable at the prior hearing.

Analysis

The court found that the IJ did not abuse her discretion in denying the motion to reopen where the alien admitted that a Catholic testimonial book, Peace Corps certificate of attendance, and national identity card existed at the time of his prior hearing. The IJ also did not abuse her discretion in denying the alien's motion to reconsider where the IJ had evaluated the numerous exhibits and witnesses regarding the alien's real name and permissibly concluded that a motion to reconsider was not a proper vehicle to reargue the case.

The court found that the IJ did not abuse her discretion in denying the motion to reopen where the alien admitted that a Catholic testimonial book, Peace Corps certificate of attendance, and national identity card existed at the time of his prior hearing. The IJ also did not abuse her discretion in denying the alien's motion to reconsider where the IJ had evaluated the numerous exhibits and witnesses regarding the alien's real name and permissibly concluded that a motion to reconsider was not a proper vehicle to reargue the case.

Conclusion

The petition for review was denied.

The petition for review was denied.

Who won?

The government prevailed in the case because the court upheld the IJ's decision, finding no abuse of discretion in denying the motions to reopen and reconsider.

The government prevailed in the case because the court upheld the IJ's decision, finding no abuse of discretion in denying the motions to reopen and reconsider.

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