Saturday, February 28, 2009

Diaby (not precedential): Reopening For Changed Country Circumstances Does Not Require Extensive Details

Diaby v. Mukasey
July 8, 2008
2008 WL 2656260
Not Precedential

Judges Scirica, Charagares, and Aldisert. Per Curiam decision. For Mr. Diaby, Lawrence Spivak of New York City. For the government, Nancy E. Friedman and Andrew Oliveira of OIL. The case was first heard by IJ Riefkohl but the Third Circuit criticized only the BIA, not anything the IJ had ruled on.

When an asylum-seeker makes a motion to reopen a case to seek asylum based on changed country conditions, the asylum-seeker only needs to make a prima facie case for reopening. That means he or she must show a reasonable likelihood or a realistic chance of winning asylum. In reviewing a prima facie case, the BIA must accept factual allegations unless they are inherently unbelievable. It was wrong for the BIA to ignore the factual allegations by merely pointing out that it wished to see additional detail about them.


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