Background
Walid Majdub, a Muslim and ethnically Palestinian native and citizen of Israel, petitioned for review of the Board of Immigration Appeals denial of his second motion to reopen removal proceedings. The motion was filed on November eight, two thousand nineteen, more than four years after the final administrative order was issued on April thirteen, two thousand fifteen. The parties agreed the motion was untimely and number-barred, as a petitioner generally may file only one motion to reopen within ninety days of the final order.
The court’s reasoning
The court reviewed the denial for abuse of discretion, defined as arbitrary, irrational, or contrary to law. The court found the Board of Immigration Appeals did not abuse its discretion in concluding that evidence regarding violence by Islamic extremist groups failed to demonstrate materially changed country conditions, as the Department of State’s two thousand twelve report already described such violence. The court also found no abuse of discretion regarding evidence of violence by Jewish groups against Palestinians, as the Board found similar conditions were already raised and documented. The court further held that the new evidence did not establish prima facie eligibility for asylum, withholding of removal, or protection under the Convention Against Torture, as the petitioner did not challenge prior findings regarding the Israeli government’s inability to control extremists or the likelihood of torture.
What it means going forward
The petition for review is denied, and the Board of Immigration Appeals order denying the motion to reopen remains in effect. The temporary stay of removal remains in place until the mandate issues.