Fuller v. Sessions, No. 17-3176 (7th Cir. 2018)Annotate this Case
The Seventh Circuit previously concluded that it lacked jurisdiction to review the BIA’s characterization of Fuller’s conviction for attempted criminal sexual assault as a “particularly serious crime,” under 8 U.S.C. 1231(b)(3)(B)(ii). The characterization barred Fuller from withholding of removal under the Immigration and Nationality Act and the Convention Against Torture. The court also upheld the denial of deferral of removal under CAT, finding that Fuller had not credibly shown that he was bisexual, nor that the Jamaican government would regard him as such. Fuller then unsuccessfully sought to reopen the ruling and submit evidence of his sexual orientation and that he will be killed if returned to Jamaica. The evidence consisted of letters from individuals who knew Fuller in Jamaica and concerned acts of violence against Fuller. Without reaching the merits, the Seventh Circuit denied Fuller a stay of removal. The BIA considered Fuller’s new evidence and was not persuaded that it would have made a difference in the credibility determination; the BIA’s decision on a motion to reopen “is discretionary and unreviewable.” The court stated: “It is sobering to realize that if the Board has made the wrong call, the consequence for Fuller may be death” and expressed hope that this would be taken into consideration.