Dutt

MEMORANDUM **

Lead petitioner Rajesh Dutt, his wife Lata Rashmin Dutt, and their daughter, Swestha Sonal Dutt, natives and citizens of Fiji of ethnic Indian heritage, seek review of three decisions of the Board of Immigration Appeals (“BIA”): (1) a 2004 decision adopting and affirming an Immigration Judge’s (“IJ”) 2002 finding of adverse credibility and denial of asylum, withholding of removal, and relief under the Convention Against Torture; (2) a 2006 denial of a motion to reopen on the grounds of ineffective assistance of counsel and changed country conditions as untimely; and (3) a 2007 denial of a motion to reopen on the ground of changed country conditions as untimely. We have jurisdiction under Immigration and Nationality Act § 242, 8 U.S.C. § 1252 (2006). We deny each petition for review and remand to the BIA with instructions to grant Dutt a ninety day voluntary departure period.

1. We affirm the IJ’s denial of asylum and withholding of removal, and relief under the Convention Against Torture, challenged in appeal no. 04-71801. Because the BIA adopted and affirmed the IJ’s 2002 decision denying Dutt’s application, we review the IJ’s decision directly. Al-Harbi v. INS,…