Steeve Moise, a citizen of Haiti, was paroled into the United States in 2017 but never adjusted his status to lawful permanent resident. In 2023, the Department of Homeland Security charged him with being removable for lacking a valid visa. An Immigration Judge sustained the charge and denied Moise's applications for asylum, withholding of removal, and relief under the Convention Against Torture. The Immigration Judge ruled that Moise's asylum application was time-barred under federal law because he did not file within one year of his arrival. The judge also found that Moise failed to corroborate his claimed political opinions, that his mother's political activity did not expose him to persecution, and that deportees with criminal histories do not form a valid particular social group. The Board of Immigration Appeals upheld these findings, dismissing Moise's appeal. Moise then petitioned the Third Circuit for review, raising six arguments regarding due process, the exclusion of an expert witness, the definition of a social group, and changing country conditions.
The Third Circuit, in a per curiam opinion, addressed Moise's six arguments and found none entitled him to relief. First, the court rejected the claim that indiscernible portions of a hearing transcript violated due process, noting that the errors did not hinder the Board's ability to meaningfully review the testimony or decide the appeal. Second, the court found no prejudice in the Immigration Judge's refusal to allow an expert witness to testify, as the expert's testimony on general country conditions would not have altered the outcome given the time-bar ruling and the lack of evidence linking Moise to specific harm. Third, the court affirmed that a group consisting of deportees with a criminal history is not recognized as a particular social group under existing precedent. Fourth, the court declined to remand the case for new evidence on changing country conditions, stating that such motions must be filed with the Board of Immigration Appeals first. Fifth, the court held that Moise's challenge to the time-bar ruling was not before the court because he failed to exhaust that specific issue before the Board, and the government properly raised the exhaustion defense. Finally, the court affirmed the denial of Convention Against Torture relief, emphasizing that Moise failed to provide specific evidence demonstrating it was more likely than not that he would be singled out for torture.
The petition for review is denied, and the final order of removal against Steeve Moise stands. Moise must be removed to Haiti. The decision reinforces the strict application of the one-year asylum filing deadline and the requirement to exhaust administrative remedies before seeking judicial review. It also confirms that the Third Circuit will not consider new evidence of changing country conditions on direct petition for review and maintains the precedent that criminal deportees do not qualify as a particular social group.
Podcast (federal-narrative-summaries): Play in new window | Download