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tortjurisdictionattorneymotionvisa
attorneymotionvisa

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Ramos-Braga v. Sessions

Facts

Ramos-Braga, a Brazilian citizen, faced repeated recruitment attempts and violence from a gang in Brazil, leading to his eventual migration to the U.S. on a student visa. After marrying a U.S. citizen, he was charged with battery and intimidation of a witness, resulting in his removal proceedings. Despite his claims of past persecution and potential torture upon return to Brazil, the Immigration Judge (IJ) denied his applications for special-rule cancellation and withholding of removal, citing his criminal convictions as disqualifying factors.

Ramos-Braga, a Brazilian citizen, faced repeated recruitment attempts and violence from a gang in Brazil, leading to his eventual migration to the U.S. on a student visa. After marrying a U.S. citizen, he was charged with battery and intimidation of a witness, resulting in his removal proceedings.

Issue

Did the BIA err in refusing to equitably toll the limits on Ramos-Braga's second motion to reopen his applications for special-rule cancellation and withholding of removal under CAT?

Did the BIA err in refusing to equitably toll the limits on Ramos-Braga's second motion to reopen his applications for special-rule cancellation and withholding of removal under CAT?

Rule

Equitable tolling applies if the noncitizen demonstrates prejudice from counsel's deficient performance and exhibits diligence by seeking relief as soon as reasonably possible. The time and numerical limits for filing a motion to reopen are non-jurisdictional and subject to exceptions.

Equitable tolling applies if the noncitizen demonstrates prejudice from counsel's deficient performance and exhibits diligence by seeking relief as soon as reasonably possible.

Analysis

The court found that the BIA did not abuse its discretion in denying the motion to reopen. It concluded that Ramos-Braga was not prejudiced by his former attorney's failure to challenge the IJ's classification of his battery conviction as a crime of moral turpitude, as the classification was consistent with existing law. Additionally, the evidence presented by Ramos-Braga regarding potential torture in Brazil did not meet the required standard to establish that such torture was more likely than not.

The court found that the BIA did not abuse its discretion in denying the motion to reopen. It concluded that Ramos-Braga was not prejudiced by his former attorney's failure to challenge the IJ's classification of his battery conviction as a crime of moral turpitude, as the classification was consistent with existing law.

Conclusion

The court affirmed the BIA's decision, denying Ramos-Braga's petition for review.

The court affirmed the BIA's decision, denying Ramos-Braga's petition for review.

Who won?

Sessions (the government) prevailed because the court upheld the BIA's decision, finding no abuse of discretion in its denial of the motion to reopen.

Sessions (the government) prevailed because the court upheld the BIA's decision, finding no abuse of discretion in its denial of the motion to reopen.

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