Thursday, August 26, 2010

Jiang (not precedential): Consider Facts As True For Asylum-Based Motions To Reopen

Jiang v. Holder
No. 08-4806
Not Precedential
May 10, 2010

Judges Ambro, Smith, and Chief Judge Michel. Opinion by Chief Judge Michel.

Overturning the BIA and IJ Eugene Pugliese.

For Ms. Jiang, Gary Yerman of NYC. For the government, John J. Inkeles (argued) and Francis W. Fraser and Timothy B. Stanton of the Justice Department.

For a motion to reopen due to changed country circumstances, you must show a realistic chance that you can establish asylum should be granted. Unless inherently unbelievable, facts presented in the motion should be accepted as true. IJ Pugliese and the BIA erred by giving little to no weight to an official letter from a village in China to Ms. Jiang. They should have accepted the alleged facts as true for the purpose of deciding the motion to reopen.


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