OYENIRAN v. HOLDER

Nos. 09-73683, 10-70689.

672 F.3d 800 (2012)

Daniel O. OYENIRAN, AKA Daniel Olu Abraham, AKA Daniel Segun Oyeniran, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2012.


Attorney(s) appearing for the Case

Philip D. Bartz (argued) and Nicholas S. Sloey , Bryan Cave LLP, Washington, D.C., for the petitioner-appellant.

Enitan O. Otunla (argued) and Francis W. Fraser , Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the respondent-appellee.

Before: M. MARGARET McKEOWN and MILAN D. SMITH, JR., Circuit Judges, and RUDI M. BREWSTER, District Judge.


OPINION

BREWSTER, Senior District Judge:

Petitioner Daniel O. Oyeniran ("Oyeniran"), a citizen of Nigeria, seeks review of decisions by the Board of Immigration Appeals ("BIA") to deny him protection under the Convention Against Torture ("CAT") and to deny his motion to reopen the case to consider new evidence.1 We hold that collateral estoppel binds the BIA to its prior determination of the facts and legal consequences regarding...

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