Camacho v. Whitaker, No. 17-3713 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit denied a petition for review of the BIA's decision denying petitioner's motion to reconsider the BIA's previous order denying him a discretionary adjustment of status. The court noted that it had jurisdiction to review the petition for abuse of discretion. The court held that the district court did not abuse its discretion in denying the motion for reconsideration. In this case, the BIA satisfied its obligation to provide a "rational explanation" for its original decision to deny petitioner relief when it denied his motion to reconsider. In this case, the BIA's explanation that it did not violate the clear error standard of review in its weighing of the attempted suicide of one of petitioner's victims qualified as a "rational explanation."
Court Description: Erickson, Author, with Wollman, and Kelly, Circuit Judges] Petition for Review - immigration. Following the grant of discretionary adjustment of status by the immigration judge and the reversal by the Board of Immigration Appeals, Camacho petitions for review from the Board's denial of his motion for reconsideration. Although this court lacks jurisdiction to review a discretionary denial of adjustment of status, this court may review for abuse of discretion a denial of reconsideration. Because Board provided a rational explanation, which did not violate the clear error standard of review, and properly rejected the immigrations judge's suppositions about whether Comacho was innocent of the underlying offense, and sufficiently considered the issues, the district court did not abuse its discretion in denying the motion for reconsideration. Judge Kelly dissents.
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