Faburama Njai v. Merrick B. Garland

NOT RECOMMENDED FOR PUBLICATION File Name: 22a0300n.06 No. 21-3764 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jul 22, 2022 DEBORAH S. HUNT, Clerk ) FABURAMA NJAI, ) Petitioner, ) ON PETITION FOR REVIEW ) FROM THE BOARD OF v. ) IMMIGRATION APPEALS ) MERRICK B. GARLAND, Attorney General, ) OPINION ) Respondent. ) ) ) Before: BATCHELDER, CLAY, and LARSEN, Circuit Judges. CLAY, Circuit Judge. Petitioner Faburama Njai seeks review of a Board of Immigration Appeals (“BIA”) order dismissing his appeal from the denial of his motion to reopen removal proceedings. See 8 U.S.C. §§ 1229a(c)(7), 1229a(b)(5)(C). We DISMISS in part and DENY in part the petition for review. I. BACKGROUND A. Factual Background Petitioner Faburama Njai, a Gambian citizen, entered the United States in January 2002. He arrived in New York and was admitted pursuant to his nonimmigrant F-1 student visa. Njai was certified to attend two community colleges between 2002 and 2008. However, records from the United States Department of Homeland Security (“DHS”) indicate that Njai did not attend either institution. His F-1 student status was thus cancelled on December 7, 2005. No. 21-3764, Njai v. Garland Also in 2005, Njai applied for lawful status as a temporary resident. See 8 U.S.C. § 1255. That request was denied. Petitioner then married Beverly Njai, a United States citizen, in January 2007. Petitioner filed an application to register permanent residence or adjust status, Form I-485, and Ms. Beverly Njai filed a corresponding petition for an alien relative, Form I-130, in June 2008. However, Ms. Beverly Njai subsequently withdrew her petition, and Petitioner’s application was denied in April 2009. His case “was referred to FDNS for marriage fraud investigation purposes.” (R. of Deportable Alien, A.R. # 89–90.) In July 2009, DHS began removal proceedings against Njai and issued a notice to appear (“NTA”). The NTA alleged that Njai “failed to maintain or comply with the conditions of the nonimmigrant status,” specifically, the requirement that he attend an educational institution as long as he remained in the United States. (NTA, A.R. # 165.) The document ordered Njai to appear before an immigration judge in Cleveland, Ohio, on “a date to be set at a time to be set to show why [he] should not be removed from the United States.” (Id.) DHS sent the NTA by mail on July 10, 2009. Several weeks later, on August 6, 2009, the IJ mailed Njai a notice of hearing (“NOH”). The NOH stated the date, time, and location for Njai’s initial master calendar hearing.1 Njai appeared at the November 2009 master calendar hearing. He admitted the factual allegations and conceded removability. 1 The NOH also included information regarding Njai’s rights and the relevant procedures. It noted that Njai could be represented by counsel and also articulated the consequences of failing to appear. 2 No. 21-3764, Njai v. Garland Subsequently, Njai divorced Ms. Beverly Njai, and he married Ms. Terri Njai on November 17, 2009. Thereafter, the IJ held three additional master calendar …

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