Legal Opinion

Everline Nyabwari v. Jefferson Sessions, III

Court of Appeals for the Fifth Circuit

Decided July 14, 2017No. 16-60101 Summary CalendarUnpublished

1Opinion of the Court

PER CURIAM: *

Everline Gesare Nyabwari petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying her time-barred and numbers-barred motion to reopen based on alleged ineffective assistance of counsel. Nyabwari contended that prior counsel was ineffective for failing to challenge the admissibility of 1-9 forms in her removal proceedings. The BIA denied Nyabwari’s motion to reopen based on its decision in Matter of Bett, 26 I&N Dec. 437 (BIA 2014), in which the BIA held that 1-9 forms are admissible in immigration proceedings to determine an alien’s eligibility for…

2Cases cited3 opinions

  1. Yu Zhao v. GonzalesCourt of Appeals for the Fifth Circuit · 2005
  2. Lara v. TrominskiCourt of Appeals for the Fifth Circuit · 2000
  3. BETTBoard of Immigration Appeals · 2014

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