Baldwin Maynard Brown v. U.S. Attorney General

USCA11 Case: 21-14486 Document: 83-1 Date Filed: 01/25/2023 Page: 1 of 9 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-14486 Non-Argument Calendar ____________________ BALDWIN MAYNARD BROWN, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A201-581-587 ____________________ USCA11 Case: 21-14486 Document: 83-1 Date Filed: 01/25/2023 Page: 2 of 9 2 Opinion of the Court 21-14486 Before LUCK, ANDERSON, and HULL, Circuit Judges. PER CURIAM: Baldwin Maynard Brown, proceeding pro se, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his motion to reopen his removal proceedings. After review, we deny in part and dismiss in part Brown’s petition. I. IMMIGRATION PROCEEDINGS A. Underlying Removal Proceedings In November 2013, Brown, a native and citizen of Jamaica, entered the United States on a six-month tourist visa. In January 2020, Brown was served with a notice to appear, which charged him with removability under the Immigration and Nationality Act (“INA”) § 237(a)(1)(B), 8 U.S.C. § 1227(a)(1)(B), for overstaying his visa. In March 2020, Brown applied for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). Brown claimed that he had experienced persecution as a member of a particular social group—his family. Brown also asserted that: (1) he was poisoned and abused in Jamaica; and (2) he had been a permanent resident in Canada but was prevented from returning to Canada by unknown individuals. At the March 25, 2020 merits hearing, Brown testified that: (1) he could not return to Canada because he was “tortured,” and gases were pumped into his room; and (2) his family members in USCA11 Case: 21-14486 Document: 83-1 Date Filed: 01/25/2023 Page: 3 of 9 21-14486 Opinion of the Court 3 Jamaica had abused and poisoned him. At the end of the March 25, 2020 hearing, the IJ denied Brown’s asylum application. Brown appealed to the BIA, asserting in his brief to the BIA that his sister had connections in the Jamaican government. On January 28, 2021, the BIA affirmed the IJ’s decision and dismissed his appeal. In February 2021, Brown filed a motion to reconsider with the BIA, which denied Brown’s motion on May 27, 2021. B. July 2021 Motion to Reopen with the Immigration Court In July 2021, Brown filed a motion to reopen with the immigration court. Brown asserted that he had obtained documents corroborating his statements about the harms that he had suffered in Canada and his sister’s links to the Jamaican government. In August 2021, the IJ denied Brown’s motion to reopen. The IJ determined that: (1) Brown’s motion to reopen was untimely; (2) the IJ lacked jurisdiction to consider Brown’s motion because the BIA, not the IJ, had issued the last decision in his case; (3) Brown’s motion did not contain new arguments that were not previously raised in his removal proceedings; and (4) the evidence Brown attached to his motion did not show …

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