SMITH v. HOLDER

No. 08-2571.

627 F.3d 427 (2010)

John SMITH, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided September 9, 2010.


Attorney(s) appearing for the Case

Kerry E. Doyle , with whom Graves & Doyle was on brief, for petitioner.

Hillel R. Smith , Attorney, Office of Immigration Litigation, Civil Division, with whom Tony West , Assistant Attorney General, and Greg D. Mack , Senior Litigation Counsel, were on brief, for respondent.

Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.


LIPEZ, Circuit Judge.

Petitioner John Smith seeks review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen his removal proceedings so that he could apply for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). In his motion, Smith cited changed country conditions and new evidence that was unavailable to him during the proceedings on his initial application for adjustment of status. Because we...

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