Fallou Ndiaye v. William P. Barr

MELLOY, Circuit Judge.

In 2005, Petitioner Fallou N'Diaye was placed in removal proceedings for overstaying his visa. He applied for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). An immigration judge denied his application, finding that he had not met his burden of proof on the merits and ordering him removed. The BIA affirmed. Thereafter, N'Diaye filed a motion to reopen with the BIA because he had married a United States citizen after the immigration judge issued the removal order. The BIA granted the motion, and N'Diaye was placed in another…