Williams v. Mukasey

Petitioner Iyabo Williams, a Nigerian national, petitions for review of the Board of Immigration Appeals’ denial of her untimely motion to reopen. Petitioner was ordered deported following her conviction and sentencing for conspiracy to import a controlled substance in violation of 21 U.S.C. § 963 and conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846 . Although Petitioner became subject to a final order of removal on February 18, 1994, she did not file her motion to reopen until November 5, 2004.

Petitioner seeks reopening pursuant to the regulations implementing the United States’ obligations under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), Dec. 10, 1984, 1465 U.N.T.S. 85, 23 I.L.M. 1027. See Regulations Concerning the Conven tion Against Torture (“CAT Regulations”), 64 Fed.Reg. 8478, 8482-83 (Feb. 19, 1999) (codified at various parts of 8 C.F.R.); 8 C.F.R. §§ 208.16-208.18 (1999). Those regulations, which were promulgated while Petitioner was incarcerated, provide that an alien who became subject to a final order of removal before March 22, 1999, could submit a motion to…