Yusuf v. Garland, No. 20-2316 (8th Cir. 2021)
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The Eighth Circuit denied a petition for review challenging the BIA's denial of petitioner's second motion to reopen her immigration proceedings. Having reviewed petitioner's proffered evidence, including her affidavit and several news articles, the court concluded that there was no abuse of discretion in the BIA's assessment that the evidence unfortunately "shows that the poor conditions facing gays and Christians in Somalia have remained substantially similar since the time of [her] hearing" and that reopening was not warranted on the basis of changed country conditions.
The court also concluded that petitioner failed to establish that she was denied a fair hearing in violation of her due process rights. The court explained that petitioner's removal proceedings did not deny her a fair hearing because nothing in the record suggests the IJ would have had any indication that petitioner, who was incarcerated at the time, was intoxicated or otherwise unable to understand the proceedings.
Court Description: [Kelly, Author, with Grasz and Kobes, Circuit Judges] Petition for Review - Immigration. The BIA did not abuse its discretion by denying petitioner's motion to reopen; the BIA did not err in rejecting petitioner's claim of changed country conditions; the removal proceedings, which were conducted by phone while petitioner was incarcerated, did not deny her a fair hearing as there was no indication at the time of the removal hearing that petitioner was impaired by illegal drugs or unable to understand the proceedings.
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