Immigration-Removal Proceedings-Motion to Reopen-Withholding of Removal

Staff Report//April 29, 2026//

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Petitioner sought review of the BIA’s denial of his motion to reopen his removal proceedings and motion to remand. Petitioner, an Indian national, entered the U.S. without inspection and sought asylum, withholding of removal, and protection under the Convention Against Torture, claiming he had been persecuted in India for campaigning against the ruling political party. An IJ found petitioner not credible, denied his applications, and ordered him removed to India. Petitioner did not appeal but instead later moved to reopen the removal proceedings so he could seek a U-visa. The IJ denied the motion, finding that petitioner was unlikely to succeed in obtaining a U-visa. The BIA affirmed.

Where petitioner failed to demonstrate a prima facie case of eligibility for a U-visa because he had not submitted proof that he applied for a visa, there was no error in declining to reopen the proceedings.

Petition is denied.

Chaudhari v. Blanche (MLW No. 84650/Case No. 25-2106 – 6 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Petition for review of an order of the Board of Immigration Appeals.