Decision date: 2023-11-30

Holding that the Board of Immigration Appeals (BIA) acted within its discretion in denying Gachuma's motion to reconsider its denial of her motion to reopen based on ineffective assistance of prior counsel where the BIA's mistake of fact did not result in prejudice. Also holding that the BIA properly denied reconsideration based on Gachuma's failure to establish prima facie eligibility for asylum where the sole basis for her claim was her fear that her eighteen-month-old daughter, not herself, would be subject to female genital mutilation upon removal to Tanzania. Finally, holding that the BIA properly declined to reconsider its finding that Gachuma had not established a viable claim to a U-visa where the attached U-visa application was incomplete.

Publication Status: Unpublished

Case judge: Gregory, Harris, Niemeyer

Decision: Gachuma v. Garland, No. 20-2303, 2023 WL 8271941 (4th Cir. Nov. 30, 2023)