Sarr v. Garland, No. 20-3836 (2d Cir. 2022)
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Petitioner petitioned for a review of the decision of the Board of Immigration Appeals to uphold the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture. An Immigration Judge, as authorized by Congress, conducted the removal proceeding via video teleconference.
The Second Circuit concluded that the Fifth Circuit is the proper venue for his petition for review because jurisdiction vested in Louisiana and there was no change of venue after removal proceedings commenced. Still, in light of Petitioner’s understandable confusion about the proper venue for his petition, the period of time in which the petition has been pending before this Court, and the fact that his counsel is based in New York, the court denied the government’s motion to transfer. Thus, the court proceeded to consider Petitioner’s motion for a stay of removal, which the court denied due to Petitioner’s failure to demonstrate either a strong showing that he is likely to succeed on the merits of his claim or that he will be irreparably injured absent a stay.
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