Drammeh v. Gonzales
Drammeh v. Gonzales
Opinion of the Court
SUMMARY ORDER
Tamba Drammeh, through counsel, petitions for review of the BIA decision denying his motion to reopen his removal proceedings. We assume the parties’ familiarity with the underlying facts and procedural history.
This Court reviews the BIA’s denial of a motion to reopen for abuse of discretion. Twum v. INS, 411 F.3d 54, 58 (2d Cir. 2005) (internal citations omitted). An abuse of discretion will be found “in those circumstances where the [BIA’s] decision provides no rational explanation, inexplicably departs from established policies, is devoid of any reasoning, or contains only summary conclusions or statements; that is to say, where the [BIA] has acted in an arbitrary or capricious manner.” Ke Zhen Zhao v. U.S. Dep’t of Justice, 265 F.3d 83, 93 (2d Cir. 2001) (internal citations omitted).
The regulations state that individuals may file only one motion to reopen, 8 C.F.R. § 1003.2(c)(2), and there is no dispute that Drammeh filed two motions to reopen with the BIA. The regulations provide for three exceptions to the numerical limitations, including: 1) certain motions filed from in absentia orders, 2) motions filed pursuant to “changed circumstances arising in the country of nationality or in the country to which deportation has been ordered,” or 3) jointly filed motions. 8 C.F.R. § 1003.2(c)(3). Only the second exception is relevant here, and the BIA did not abuse its discretion when it determined that it did not apply.
In order to succeed under the changed circumstances exception, Drammeh would
Accordingly, the petition for review is DENIED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.