Petition for review of a denial of Kenyan petitioner's motion to reopen seeking to apply individually for withholding of removal and protection under the Convention Against Torture (CAT) is denied where: 1) there was no abuse of discretion in the denial as the motion stated no new facts material to the claims, was not supported by any previously unavailable evidence, and a divorce from petitioner's husband did not constitute changed circumstances in this case; and 2) her brief improperly attempted to challenge findings of the BIA and the IJ regarding original claims for withholding of removal and protection under the CAT.
Petition for Review of an Order of the Board of Immigration Appeals
Decided August 18, 2009
Before Lynch, Chief Judge, Lipez and Boudin, Circuit Judges
Opinion by Lynch, Chief Judge.
For Petitioner: Carlos E. Estrada.
For Respondent: Kristin A. Moresi, Tony West, and Barry J. Pettinato.