Shah v. Holder

Petitioner Ali Shah entered the country in 2002. His removal proceedings lasted for well over ten years. He had the benefit of two de novo hearings before two different IJs, and his appeals were considered by the BIA on multiple occasions and petitions for review to the Third Circuit. Shah's motion for a change of venue was granted and this matter was transferred from Philadelphia to Boston in 2009. The focus of this appeal before the First Circuit Court of Appeals centered on the circumstances that followed the change of venue. Petitioner argued on appeal that the BIA did not properly address either of his arguments going to earlier adverse credibility findings. He made a series of arguments in support of reopening that were never presented to the BIA. The BIA did not abuse its discretion in denying Shah's motion to reopen and the First Circuit did not have jurisdiction to consider freshly minted arguments not presented to the agency, so it both dismissed portions of petitioner's petition for lack of jurisdiction and denied the petition for review as to other claims. View "Shah v. Holder" on Justia Law