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GICHARU v. CARR

No. 19-1864.

983 F.3d 13 (2020)

Samuel Kinuthia GICHARU, Plaintiff, Appellant, v. Donna CARR, in her capacity as Chief Clerk of the Board of Immigration Appeals; James McHenry, in his capacity as Director of the Executive Office for Immigration Review; Michael E. Horowitz, in his capacity as Inspector General, Civil Rights & Civil Liberties Complaints, U.S. Department of Justice, Defendants, Appellees.

United States Court of Appeals, First Circuit.

December 16, 2020.

Attorney(s) appearing for the Case

Joanna M. Golding , Framingham, MA, with whom Barker, Epstein & Loscocco was on brief, for appellant.

Kevin C. Hirst , Trial Attorney, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, with whom Joseph H. Hunt , Assistant Attorney General, Civil Division, William C. Peachey , Director, Office of Immigration Litigation, Yamileth G. Davila , Assistant Director, and Michael A. Celone , Senior Litigation Counsel, were on brief, for appellees.

Before Thompson and Kayatta, Circuit Judges.

In 2013, the Board of Immigration Appeals affirmed an order authorizing the removal of Samuel Kinuthia Gicharu to Kenya, his country of origin. Over two years later, Gicharu filed with the BIA a motion to reopen his removal proceedings. The BIA rejected the motion. Gicharu appealed to this court, which affirmed the BIA's...

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