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Sherbano Moosa v. Erich. Holder, Jr., Attorney General of the United States

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ARGUED SEPTEMBER 23, 2010

Before CUDAHY, FLAUM, and WOOD,Circuit Judges.

Sherbano Moosa, a citizen of Pakistan, entered the United States on a visitor’s visa in 1995 and remained after her visa expired. Moosa was eventually ordered removed, but she apparently ignored that command and remained in the country. Nearly seven years later, Moosa filed a motion to reopen her proceedings with the Board of Immigration Appeals (“Board”). In her motion, Moosa argued that “changed country conditions” in Pakistan made her eligible for asylum and warranted reopening her case. Moosa also asked the Board to reopen her case on its own motion. Finding insufficient evidence of changed circumstances and a failure to present a prima facie case for asylum, the Board denied Moosa’s motion and declined to reopen the proceedings on its own. Moosa now petitions this court for review of the Board’s decision. She offers three grounds for relief: first, that the Board abused its discretion by denying her motion in a manner that exceeded its authority; second, that it used procedures that fell below constitutional due process standards; and third, that it committed legal error as it analyzed her evidence of changed conditions. None of these is enough to override the Board’s broad authority here, however, and so we deny the petition for review.

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