NOT RECOMMENDED FOR PUBLICATION File Name: 21a0101n.06 No. 20-3392 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT DUAY JOSEPH JADO, ) FILED Feb 24, 2021 ) DEBORAH S. HUNT, Clerk Petitioner, ) ) v. ) ON PETITION FOR REVIEW ) FROM THE UNITED STATES MONTY WILKINSON, Acting Attorney General, ) BOARD OF IMMIGRATION ) APPEALS Respondent. ) ) BEFORE: ROGERS, DONALD, and BUSH, Circuit Judges. ROGERS, Circuit Judge. Petitioner Duay Joseph Jado, a lawful permanent resident of the United States found removable for committing several serious crimes, was denied deferral of removal under the Convention Against Torture by an Immigration Judge in late 2017. He seeks review of the Board of Immigration Appeals’ (“BIA”) third refusal to remand to the Immigration Judge for consideration of additional evidence with respect to that determination. Each denial was based on the absence of new evidence showing materially changed country conditions in Iraq with respect to Chaldean Christians. Relief is not warranted, however, because the BIA’s decision to deny Jado’s latest motion was not an abuse of its discretion. Our recent decision in another case involving a Chaldean Christian, Marqus v. Barr, 968 F.3d 583, 587 (6th Cir. 2020), remanding to the BIA for further consideration, does not require a remand here. In the course of reviewing three consecutive motions to consider intervening evidence since his hearing before the Immigration 1 No. 20-3392, Jado v. Wilkinson Judge, the BIA provided adequate explanation for our review of its determination that country conditions had not materially changed over the relevant intervening period. Jado was born in Greece to Iraqi parents and was admitted to the United States as a refugee in June 1979. His status was adjusted to lawful permanent resident in July 1980. Between 1997 and 2003, Jado was convicted of various crimes including theft, attempted burglary, aggravated battery in a public place, and burglary, for which his sentences varied from probation to up to four years in prison. On August 12, 2005, the Department of Homeland Security commenced removal proceedings against Jado. On October 24, 2005, the immigration judge (“IJ”) ordered Jado removed to Iraq under 8 U.S.C. § 1227(a)(2)(A)(iii), which authorizes deportation for “[a]ny alien who is convicted of an aggravated felony[.]” Jado did not file an appeal. The government was unable to execute the removal order because of “Iraq’s longstanding policy of not issuing the requisite travel documents for repatriation.” In March 2017, the United States reached an agreement with Iraq for repatriation of Iraqi nationals with final orders of removal. Exec. Order No. 13,780, 82 Fed. Reg. 13209, 13212 (Mar. 6, 2017). Jado filed a motion to reopen his removal proceedings, seeking leave to apply for deferral of removal under the Convention Against Torture (“CAT”) due to the increased risk of torture Jado believed he would face in Iraq as a Chaldean Christian. 8 C.F.R. §§ 1208.16(c)(3), 1208.17. The IJ granted Jado’s motion and reopened his case based on the likelihood of changed conditions in Iraq since his order of ...
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