Wednesday, July 22, 2009

Zhang (not precedential): BIA Must Review All Materials For Motion To Reopen

Zhang v. Holder
Not Precedential
July 20, 2009
Judge Ambro, Fisher, Jordan. Per Curiam decision.

Another case where the Third Circuit overturned the BIA for denying a motion to reopen a case based on changed country circumstances that affect someone's ability to seek asylum. As in other cases, the BIA failed to address all of the evidence supporting the claim.

Ignoring relevant evidence is improper in a BIA decision. The BIA improperly ignored relevant evidence in a number of motions to reopen dealing with changed country conditions in China. The BIA cannot say that some (but not all) of the documents were dealt with in other decisions. That leaves unaddressed all of the new evidence that were not covered in old decisions.


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