Ahmed v. Barr, No. 18-3704 (8th Cir. 2020)
Annotate this Case
The Eighth Circuit denied the petitions for review of the BIA's decision affirming the IJ's denial of petitioner's request for deferral and the BIA's denial of petitioner's motion to reopen his immigration case. The court rejected petitioner's due process claim that the agency failed to consider all relevant evidence. The court also held that the BIA did not err in determining that petitioner had failed to show he was more likely than not to be tortured based on his Christian faith if removed to Bangladesh. In this case, substantial evidence supports the Board's determination that petitioner failed to show that the Bangladeshi government acquiesces in torture, and substantial evidence supports the Board's determination that petitioner's evidence of forcible land evictions does not demonstrate the government's acquiescence in torture.
The court also held that the Board did not abuse its discretion by denying the motion to reopen where plaintiff offers nothing, beyond conclusory statements, to support his claim that the newly-offered evidence was not available at the time of his hearing in 2018. Furthermore, the new evidence was unlikely to alter the IJ's decision.
Court Description: [Clark, Author, with Loken and Grasz, Circuit Judges] Petition for Review - Immigration. The BIA did not err in determining that petitioner had failed to show he was more likely than not to be tortured based on his Christian faith if removed to Bangladesh; nor did the BIA err in denying petitioner's motion to reopen based on its determination that petitioner had failed to explain why his newly-proffered evidence was unavailable at the time of his hearing or to show that the evidence was likely to alter the IJ's decision.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.