Wednesday, August 19, 2009

Li (not precedential): BIA Must Analyze Motion To Reopen For Changed Country Conditions

Li v. Holder
July 6, 2009
No. 07-4037
Not Precedential

Judges Rendell, Greenberg, and Van Antwerpen. Per Curiam. Overturning the BIA in a case that was first heard by Immigration Judge Donald V. Ferlise.

After losing with IJ Ferlise and the BIA, the asylum-seeker filed a motion to reopen based on changed country conditions. The BIA erred by characterizing the motion as relying solely on changed personal (not country) conditions. The BIA's conduct was similar to the mistakes it made in Zheng v. Att'y Gen., 549 F.3d 260 (3d Cir. 2008) -- the BIA had a conclusory statement that looked at Matter of J-W-S but did not mention or analyze the asylum-seeker's affidavit or the affidavit of her mother. Once again, the BIA just cited another case that dealt with a different grouping of evidence than what was in the case that the BIA was supposed to rule on. The Third Circuit overturned the BIA and sent the case back to the BIA for proper analysis.

In a side-note, the Third Circuit noted that IJ Ferlise exhibited hostility and impatience during the hearing.


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