Seema Gundu v. Eric Holder, Jr.

MEMORANDUM

Petitioner Seema Gundu seeks review of the Board of Immigration Appeals’ (“BIA”) decisions denying her applications for asylum, withholding of removal, and protection under Article III of the Convention Against Torture (“CAT”), as well as its denials of her two motions to reopen. We deny the petition on all of her claims except her claim that the BIA abused its discretion in failing to address the contention in her first motion to reopen filed January 25, 2010, that, if returned to India, she would face violence from her former husband. We remand so that the BIA can consider that claim.

The case has had a long and convoluted history beginning with the Immigration Judge’s (“IJ”) grant in 2004 of a government motion to pretermit on the ground that she filed a false and frivolous asylum application. Because Petitioner had never had an opportunity to timely respond to the claim of frivolousness, the BIA remanded. After considering the government’s renewed motion and Petitioner’s written opposition, the IJ again pretermit-ted her asylum application for frivolousness. The IJ further found she lacked credibility and denied her withholding of removal and CAT…