Go v. Holder

The time, number, and other procedural requirements of 8 C.F.R. § 1003.2(c) apply to claims under the Convention Against Torture.

Go alleged that he left the Philippines after being falsely accused of kidnapping a “prominent individual.” He seeks remedies under the Convention Against Torture (“CAT”) because he believes he will be subject to torture if he returns to the Philippines. His original CAT claim was rejected by the Board of Immigration Appeals (“BIA”), and denied review by the Ninth Circuit. He then filed a motion to reopen under the CAT based on new evidence. The BIA first denied his motion because it was untimely; motions to reopen under 8 C.F.R. § 1003.2 must be filed within 90 days after the final administrative decision is rendered in the relevant proceeding. The BIA then considered an exception to the time limitation, which excuses one from the time limitation if there are “changed circumstances” that are material and were previously unavailable. However, Go’s motion to reopen was still rejected. Go argued that the limitations imposed on motions to reopen at 8 C.F.R. § 1003.2(c) do not apply to the CAT. The Ninth Circuit rejected this argument based on “a series of unpublished decisions,” “the logic of our precedents,” and “holdings from our sister circuits.” Therefore, the procedural requirements found at 8 C.F.R. § 1003.2(c) apply to CAT claims. Finally, under a review for abuse of discretion, the panel found that the BIA’s rejection based on the “changed circumstances” exception was correct. PETITION FOR REVIEW DENIED in part; DISMISSED in part.