United States Court of Appeals For the First Circuit No. 18-1992 JENNIFER AMPOFOWAH TWUM, Petitioner, v. WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Torruella, Stahl, and Thompson, Circuit Judges. Evaristus Nkongchu and African Legal Concierge, PLLC, on brief for petitioner. Elizabeth R. Chapman, Trial Attorney, Joseph H. Hunt, Assistant Attorney General, and Russell J.E. Verby, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, on brief for respondent. July 9, 2019 STAHL, Circuit Judge. Petitioner Jennifer Ampofowah Twum, a native and citizen of Ghana, asks us to review an order from the Board of Immigration Appeals ("BIA") denying her motion to reopen removal proceedings. Twum petitioned the BIA to reopen so that she could apply for cancellation of removal under the "special rule" for battered spouses and children, asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). She now alleges that the BIA erred in denying the motion on each of those grounds. After careful review, we conclude that we are without jurisdiction to review the BIA's denial of "special rule" cancellation. With respect to the latter three claims, however, we find it appropriate to grant the petition and remand to the BIA for further proceedings consistent with this opinion. I. Twum entered the United States on a J-2 visa as a nonimmigrant spouse of an exchange visitor on or about August 10, 2001. The "exchange visitor" in question was her then-husband, Clement Asumadu-Baffi, whose arrival proceeded Twum's. According to Twum, she was forced to marry Asumadu-Baffi in Ghana when she was fifteen, and he subjected her to physical, mental, and sexual abuse both in Ghana and after their reunion in the United States. At some point in 2001 or 2002, Twum fled from the marital home in Cleveland, Ohio to Worcester, Massachusetts. She filed for - 2 - divorce, which was finalized in February 2002. Twum avers that Asumadu-Baffi continued to threaten her after (and because of) their divorce, stating that he would retake her as his wife or kill her if she ever returned to Ghana. After moving to Worcester, Twum began a romantic relationship with another Ghanaian, with whom she had two daughters in 2004 and 2007, respectively.1 She also met and, in June 2007, married Robert Tolson, a United States citizen. Twum's divorce from Asumadu-Baffi terminated her nonimmigrant status and, on September 22, 2006, the Department of Homeland Security ("DHS") filed a Notice to Appear (the "Notice") charging Twum with removability for remaining in the United States beyond the term of her visa. Through counsel, Twum admitted all of the factual allegations in the Notice and conceded removability at a hearing held on January 9, 2007. Proceedings were continued from that date until June 12, 2007, at which point Twum appeared with a second counsel. One week later, on June 19, 2007, Twum submitted supplemental pleadings and requested relief in several forms, to wit: withholding ...
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