Darby v. Att’y Gen.

The Third Circuit affirmed the Board of Immigration Appeals’ order that denied the petitioner’s request to reopen the denial of her of applications for asylum, withholding of removal, and protection under the Convention Against Torture. She sought to reopen her case well after the 90-day deadline for such requests. The Third Circuit attempted to clarify the materiality and prima facie standards a petitioner must clear before an untimely request can be granted. Here, the petitioner fell short of the materiality requirement because she presented no evidence addressing a core deficiency of her application.

Darby