Fuller v. Whitaker, No. 17-3176 (7th Cir. 2019)Annotate this Case
Fuller entered the U.S. on a fiancé visa in 1999 and married an American citizen in 2000. In 2004, he pleaded guilty to attempted criminal sexual assault. An Illinois court ultimately imposed a sentence of four years' imprisonment. Following Fuller’s 2014 release, DHS initiated removal proceedings, 8 U.S.C. 1227(a)(1)(D)(i) . In 2004, Fuller and his wife, whom he divorced in 2005, had failed to appear for a mandatory immigration interview, triggering the revocation of his conditional residency status. Because Fuller’s conviction constituted a “particularly serious crime,” he was disqualified from seeking withholding of removal. Fuller sought deferral of removal under the Convention Against Torture, alleging that he was likely to be tortured as a bisexual if returned to Jamaica. In 2015, the BIA affirmed the denial of relief based on the IJ’s adverse credibility findings. Fuller asked the BIA to reopen his removal proceeding so that he could present new evidence, Fuller submitted new letters of support from acquaintances attesting to prior incidents in which he was the victim of violence in Jamaica owing to his sexual orientation. In denying this request, the BIA explained that “[Fuller’s] motion does not challenge our conclusions regarding his credibility or his eligibility for deferral of removal, and we do not find that his letters of support would materially alter these findings.” The Seventh Circuit again remanded. The BIA’s stated rationale reflects a misapprehension of the basis for his request.
This opinion or order relates to an opinion or order originally issued on January 8, 2018.