Sarr v. Gonzales

The petitioner, Amadou Sarr, seeks review of a ruling of the Board of Immigration Appeals (Board) that affirmed an immigration judges decision denying Sarrs requests for asylum, withholding of removal, and relief pursuant to the United Nations Convention Against Torture. Sarr contends that he proved by sufficient evidence that he had suffered past persecution in his native Senegal and that country conditions have not changed sufficiently to alleviate the threat of future persecution if he is returned to Senegal. Sarr also contends on appeal that he was denied due process by the immigration judges adverse credibility finding and by the Boards refusal to adjudicate certain of his requests for relief. Because we conclude that Sarr has failed to satisfy the heavy burden imposed upon him to overturn the administrative decisions in question, we must deny Sarrs petition for review relating to those determinations. In addition, because there is no basis upon which to conclude that the petitioner has been denied procedural due process, we cannot grant review on constitutional grounds, even though we reject the governments argument that the Boards decision in In re Velarde-Pacheco, 23 I. & N. Dec. 253 (BIA 2002), confers upon the government the power single-handedly to prevent the Boards consideration of an otherwise meritorious motion to reopen or remand a request for adjustment of status.