Saturday, February 28, 2009

Liu (Not Precedential): No Time Limit To Reopen Asylum Claim Due To Changed Country Conditions

Liu v. Mukasey
No. 07-4798
Not Precedential
2008 WL 4531956
October 10, 2008

Judges Rendell, Jordan, and Van Antwerpen. Per curiam decision. Pro se appellant.

The BIA erred because a motion to reopen to seek asylum that is based on changed country circumstances can be made at any time. This is clear in the law, including the regulation at 8 CFR 1003.2(c)(3)(ii), which says just that. The Third Circuit granted the appeal in part. IJ Charles M. Honeyman issued the original decision, but the Third Circuit criticized only the BIA for a ruling that the IJ had not dealt with.


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