Gatimi v. Holder

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ARGUED APRIL 7, 2009

Before POSNER, RIPPLE, and WOOD, Circuit Judges.

The Board of Immigration Appeals denied the asylum application of Francis Gatimi, a Kenyan, and the applications of his wife and daughter, which are derivative from his. The Board also denied a motion to remand the matter to the immigration judge for further consideration based on changed conditions in Kenya since the original application for asylum, but we have no jurisdiction to review that order: 8 U.S.C. § 1158(a)(3) bars judicial review of rulings by the Board that there are no changed circumstances materially affecting an application for asylum. See Khan v. Filip, 554 F.3d 681, 687 (7th Cir. 2009). And 8 U.S.C. § 1252(a)(2)(B)(ii), as interpreted in Kucana v. Mukasey, 533 F.3d 534, 536-37 (7th Cir. 2008), cert. granted, 129 S.Ct. 2075 (2009), bars judicial review of discretionary decisions of the Board, thus including motions to reconsider, see 8 C.F.R. §§ 1003.2(a), (b)(1), which was the nature of Gatimi’s motion to remand.

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