Mukasa v. Mukasey , 322 F. App'x 3 ( 2009 )

Not for Publication in West's Federal Reporter
United States Court of Appeals
For the First Circuit
No. 08-1875
SUSAN N. MUKASA,
Petitioner,
v.
ERIC H. HOLDER, JR.,*
ATTORNEY GENERAL OF THE UNITED STATES,
Respondent.
PETITION FOR REVIEW OF AN ORDER OF
THE BOARD OF IMMIGRATION APPEALS
Before
Lynch, Chief Judge,
Farris** and Howard, Circuit Judges.
William P. Joyce and Joyce & Associates, P.C. were on brief
for appellant.
Anthony Wray Norwood, Trial Attorney, Office of Immigration
Litigation, Gregory G. Katsas, Assistant Attorney General, and
Terri J. Scadron, Assistant Director, Office of Immigration
Litigation, U.S. Department of Justice, were on brief for appellee.
April 23, 2009
*
Pursuant to Fed. R. App. P. 43(c)(2), Attorney General Eric
H. Holder, Jr. has been substituted for former Attorney General
Michael B. Mukasey as respondent.
**
Of the Ninth Circuit, sitting by designation.
FARRIS, Circuit Judge. Susan Mukasa, a native and
citizen of Uganda, petitions for review of an order by the Board of
Immigration Appeals denying her motion to reopen her removal
proceedings. Mukasa entered the United States on December 25, 2000
using a false passport.
She applied for asylum, withholding of removal, and
protection under the United Nations Convention Against Torture, all
of which were denied. In moving to reopen, Mukasa asserted changed
country conditions and offered additional evidence.
We review the Board’s denial of a motion to reopen for
abuse of discretion. Guerrero-Santana v. Gonzales, 499 F.3d 90, 92
(1st Cir. 2007). Under this standard, the Board’s decision will
stand unless the petitioner can show that it rests on an error of
law or that it is patently arbitrary. Id. at 93.
We have carefully reviewed the record along with Mukasa’s
new allegations. She fails to challenge the adverse credibility
finding. Her motion to reopen does nothing to rehabilitate the
finding that her testimony was not credible, nor does it present a
distinct new claim.
AFFIRMED.
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