Petition for review of a denial of Kenyan petitioner’s motion to reopen seeking to apply individually for withholding of removal and protection under the Convention Against Torture (CAT) is denied where: 1) there was no abuse of discretion in the denial as the motion stated no new facts material to the claims, was not supported by any previously unavailable evidence, and a divorce from petitioner’s husband did not constitute changed circumstances in this case; and 2) her brief improperly attempted to challenge findings of the BIA and the IJ regarding original claims for withholding of removal and protection under the CAT.
Read Warui v. Holder, No. 08-2214
Appellate InformationPetition for Review of an Order of the Board of Immigration AppealsDecided August 18, 2009
JudgesBefore Lynch, Chief Judge, Lipez and Boudin, Circuit JudgesOpinion by Lynch, Chief Judge.
CounselFor Petitioner: Carlos E. Estrada.
For Respondent: Kristin A. Moresi, Tony West, and Barry J. Pettinato.
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