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Keywords

jurisdictionappealmotionasylum
jurisdictionmotionasylum

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Sharif v. Barr

Facts

Bashir Mohamed Sharif, a native of Somalia, was admitted to the U.S. as a refugee in 2000 and became a lawful permanent resident in 2002. He was later convicted of several crimes, including a controlled substance offense, which led to removal proceedings initiated by the Department of Homeland Security in 2007. After conceding to the charges and waiving his appeal, Sharif's removal was ordered. In 2018, he filed a motion to reopen his case based on claims of changed conditions in Somalia, which was denied by the IJ and subsequently affirmed by the BIA.

Bashir Mohamed Sharif, a native of Somalia, was admitted to the U.S. as a refugee in 2000 and became a lawful permanent resident in 2002. He was later convicted of several crimes, including a controlled substance offense, which led to removal proceedings initiated by the Department of Homeland Security in 2007.

Issue

Did the BIA abuse its discretion in denying Sharif's motion to reopen his removal proceedings based on a lack of demonstrated changed country conditions in Somalia?

Did the BIA abuse its discretion in denying Sharif's motion to reopen his removal proceedings based on a lack of demonstrated changed country conditions in Somalia?

Rule

The BIA's review of a motion to reopen is limited to whether the petitioner has shown a material change in country conditions since the original removal order, and the burden is on the moving party to demonstrate why the case should be reopened.

The BIA's review of a motion to reopen is limited to whether the petitioner has shown a material change in country conditions since the original removal order, and the burden is on the moving party to demonstrate why the case should be reopened.

Analysis

The court found that Sharif did not present sufficient evidence to show a material change in country conditions that would affect his eligibility for asylum or withholding of removal. The BIA's decision was based on the lack of evidence regarding the conditions in Somalia and the absence of any new information that would likely change the outcome of his case. As a result, the court concluded that it lacked jurisdiction to review the factual findings of the BIA.

The court found that Sharif did not present sufficient evidence to show a material change in country conditions that would affect his eligibility for asylum or withholding of removal.

Conclusion

The Eighth Circuit dismissed Sharif's petition for review, affirming the BIA's decision to deny his motion to reopen based on the lack of jurisdiction over factual findings.

The Eighth Circuit dismissed Sharif's petition for review, affirming the BIA's decision to deny his motion to reopen based on the lack of jurisdiction over factual findings.

Who won?

The government prevailed in this case as the court upheld the BIA's decision to deny Sharif's motion to reopen, citing a lack of jurisdiction to review the factual findings.

The government prevailed in this case as the court upheld the BIA's decision to deny Sharif's motion to reopen, citing a lack of jurisdiction to review the factual findings.

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