Varun Goel v. Alberto R. Gonzales, Attorney General, Varun Goel v. Alberto R. Gonzales, Attorney General

Petitioner Varun Goel, a native and citizen of India, petitions for review of his final order of removal. He challenges the adverse credibility finding in the Immigration Judge’s decision that was summarily affirmed by the Board of Immigration Appeals. He also challenges the BIA’s later denial of a motion to reopen that was supported primarily by polygraph examination results.

The case presents an issue of first impression regarding the use of polygraph results in motions to reopen removal decisions. We agree with the BIA that polygraph evidence provides no adequate basis for reopening because it is not evidence that was previously unavailable within the meaning of the applicable regulation. 8 C.F.R. § 1003.2 (c). Moreover, in this case, the original negative credibility finding was supported by substantial evidence. We therefore deny the petition.

BACKGROUND

Goel ascribes to the Nirankari faith, a minority religious group in India. He claims to have been persecuted in India, on account of his religious beliefs, by Sikh militants as well as by police officials, all of whom are allegedly hostile to those identifying as Nirankari. After entering the United States on a…