PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 20-2107 ______________ KAYANN ANTOINETTE DARBY, a/k/a Kayan Darby, a/k/a Larece Knox; a/k/a Kayann Darny Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA ______________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A200-414-102) Immigration Judge: Kuyomars Golparvar ______________ Argued: January 27, 2021 Before: RESTREPO, BIBAS, and PORTER, Circuit Judges. (Filed: June 17, 2021) ______________ Alexander B. Bowerman [Argued] David Newmann Hogan Lovells US 1735 Market Street 23rd Floor Philadelphia, PA 19103 Counsel for Petitioner Kayann Antoinette Darby Sheri R. Glaser [Argued] United States Department of Justice Office of Immigration Litigation Room 5214 P.O. Box 878 Ben Franklin Station Washington, DC 20044 Counsel for Respondent Attorney General of the United States of America ______________ OPINION OF THE COURT ______________ PORTER, Circuit Judge. Kayann Darby is a native and citizen of Jamaica living in the United States. In October 2017, an Immigration Judge (“IJ”) sustained charges of removability against Darby after she pleaded guilty to conspiracy to commit mail and wire fraud. The IJ denied her applications for asylum, withholding of removal, and protection under the Convention Against 2 Torture (“CAT”), and ordered that Darby be removed to Jamaica. The Board of Immigration Appeals (“BIA”) affirmed. Darby moved to reopen her removal proceedings a year and a half later, well past the statutory deadline to do so. But she argued that the deadline did not apply because circumstances in Jamaica had changed concerning her CAT claim. Darby also argued that the BIA should reopen proceedings because she had shown new eligibility for an adjustment of status. The BIA rejected Darby’s arguments and denied her motion to reopen, so she petitions this Court to review the BIA’s decision. We will deny the petition. I A Darby entered the United States at an unknown time and place. In 2001, one of Darby’s family members filed an I-130 Petition for Alien Relative, listing Darby as the beneficiary. The petition was approved in 2005, and Darby filed for an adjustment of status in 2009. In 2010, Darby became a lawful permanent resident of the United States. In 2012, Darby began participating in a phone scam to defraud elderly people. The leader of the scam, Ringo, lived in Jamaica. Ringo would call elderly U.S. citizens from a dis- guised number and inform them that they had won a lottery and needed only to pay a tax to receive their winnings. Those who bought into the scam would send the “tax” money to Ringo through his intermediaries, one of whom was Darby’s cousin, Shereen. Shereen stayed at Darby’s home in New York for sev- eral weeks and began receiving packages there. Shereen asked 3 Darby to receive a $3,000 wire transfer for her through Western Union in exchange for ten percent of the amount trans- ferred. Darby accepted, and she continued to receive similar wire transfers until Western Union blocked her from sending or receiving money. Darby became …
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