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2009

  • BIA Finds IJ Erred in Refusing to Consider Underlying Facts of Conviction to Determine Removability(220 KB - 12/10/2009)
    The BIA vacated IJ decision and remanded finding that where facts underlying respondent’s conviction demonstrated that she knowingly assisted aliens to enter the U.S. in violation of law, clear and convincing evidence established that she is removable under INA § 237(a)(1)(E)(i). Matter of Martinez-Serrano, 25 I&N Dec. 151 (BIA 2009). AILA Doc. No. 09121030.
    AILA Doc. No. 09121030.
  • BIA Finds Stepchild Who Meets INA Definition of “Child” is Qualifying Relative for Evaluating Hardship(17 KB - 12/1/2009)
    The BIA found that a stepchild who meets the definition of a “child” under INA § 101(b)(1)(B), 8 U.S.C. § 1101(b)(1)(B) (2006), is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under the Act. Matter of Portillo-Gutierrez, 25 I&N Dec. 148 (BIA 2009). AILA Doc. No. 09120160.
    AILA Doc. No. 09120160.
  • BIA Finds Voluntary Departure Regulations Effective 1/20/09 Do Not Apply Retroactively(22 KB - 11/20/2009)
    BIA found that the voluntary departure regulations at 8 C.F.R. § 1240.26(c)(4), Nt. (2009), which took effect on 1/20/09, and superseded Matter of Diaz-Ruacho, 24 I&N Dec. 47 (BIA 2006), do not apply retroactively. Matter of Velasco, 25 I&N Dec. 143 (BIA 2009). AILA Doc. No. 09112069.
    AILA Doc. No. 09112069.
  • BIA Finds Release on Bond Requires Respondent to Establish He Would Not Pose Danger to Property or Persons(205 KB - 11/18/2009)
    Where an IJ characterized an alien seeking release from custody as a “potential” danger to the community but ordered him released upon posting of bond, BIA remanded the record for the IJ to clarify whether the alien met his burden of proving his release on bond would not pose a danger to property or persons. Matter of Urena, 25 I&N 140 (BIA 2009). AILA Doc. No. 09111863.
    AILA Doc. No. 09111863.
  • BIA on Determining Good Cause for a Continuance for Adjustment of Status Application Based on Pending Labor Certification(71 KB - 11/12/2009)
    In determining if good cause for a continuance exists to await adjudication of a pending employment-based visa petition or labor certification, an IJ should determine alien’s place in the adjustment process and consider applicable factors identified in Matter of Hashmi, and other relevant considerations. Matter of Rajah, 24 I&N Dec. 127 (BIA 2009). AILA Doc. No. 09111230.
    AILA Doc. No. 09111230.
  • BIA on INA § 212(h) Waiver Eligibility for Alien Found Inadmissible Based on Drug Paraphernalia Offense(33 KB - 11/9/2009)
    BIA found that an alien who is inadmissible under INA § 212(a)(2)(A)(i)(II) based on a drug paraphernalia offense may qualify for a waiver of inadmissibility under INA § 212(h) if that offense “relates to a single offense of simple possession of 30 grams or less of marijuana.” Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009). AILA Doc. No. 09110967.
    AILA Doc. No. 09110967.
  • IJ Finds it Proper to Adjudicate Motion to Terminate and Suppress on the Merits(1090 KB - 11/4/2009)
    The IJ citing de Rodriguez-Echeverria v. Mukasey (9th Cir. 2008) found it proper to adjudicate respondent’s motion to terminate and suppress on the merits despite the Government’s contention that the federal courts are the appropriate forum for such arguments. AILA Doc. No. 09110460.
    AILA Doc. No. 09110460.
  • BIA Finds Date of Plea Agreement Controls in Determining Eligibility for Former §212(c) Relief(21 KB - 11/2/2009)
    BIA finds that in determining whether the alien is eligible for a waiver under former INA § 212(c), the date of the alien’s plea agreement, rather than the date of sentencing, is controlling. Matter of Moreno-Escobosa, 25 I&N Dec. 114 (BIA 2009).
    AILA Doc. No. 09110263.
  • BIA on Authority to Reopen Removal Proceedings Where USCIS Has Jurisdiction over Relief Request(231 KB - 10/29/2009)
    BIA finds that it generally lacks authority to reopen final exclusion, deportation, or removal proceedings where an alien seeks to pursue relief over which neither the Board nor the IJ has jurisdiction. BIA denies respondent’s motion to reopen and further grants the DHS motion to reopen and terminate removal proceedings. (Matter of Yauri, 25 I&N Dec. 103 (BIA 2009). AILA Doc. No. 09102960.
    AILA Doc. No. 09102960.
  • BIA Applies Rollback Provision under Cuban Adjustment Act to Calculate “Date of Admission” in Removal Proceeding(210 KB - 10/21/2009)
    In determining whether an alien whose status was adjusted under the Cuban Adjustment Act is removable as an alien convicted of a crime involving moral turpitude committed within 5 years after the “date of admission,” the date is calculated according to the rollback provision. (Matter of Carrillo, 25 I&N Dec. 99 (BIA 2009). AILA Doc. No. 09102177.
    AILA Doc. No. 09102177.
  • BIA on Jurisdiction over Arriving Aliens Seeking Adjustment of Status(48 KB - 10/19/2009)
    BIA finds that IJs have no jurisdiction to adjudicate an adjustment of status application filed by an arriving alien, with the exception of an alien in removal proceedings after returning pursuant to a grant of advance parole to pursue a previously filed application. Matter of Silitonga, 25 I&N Dec. 89 (BIA 2009), Interim Decision #3656. AILA Doc. No. 09101927.
    AILA Doc. No. 09101927.
  • BIA Finds Alien Who Entered U.S. as a Crewman Ineligible for Cancellation of Removal(56 KB - 10/19/2009)
    BIA finds that an alien who entered the U.S. pursuant to a crewman’s visa for the purpose of obtaining employment as a crewman is statutorily ineligible for cancellation of removal under INA § 240A(c)(1), 8 U.S.C. § 1229b(c)(1). Matter of G-D-M-, 25 I&N Dec. 82 (BIA 2009), Interim Decision #3655. AILA Doc. No. 09101926.
    AILA Doc. No. 09101926.
  • BIA Finds IJ Has Authority to Review and Modify Conditions of Release Imposed by DHS(25 KB - 10/15/2009)
    BIA finds that an IJ has authority under INA§ 236(a)(2)(A) and 8 C.F.R. § 1236.1(d)(1) (2009) to review and consider whether to modify the conditions of release imposed on an alien by DHS. BIA dismisses DHS appeal. Matter of Garcia-Garcia, 25 I&N Dec. 93 (BIA 2009). AILA Doc. No. 09101561.
    AILA Doc. No. 09101561.
  • DHS Agrees with AILF; Urges BIA to Vacate Perez-Vargas (9/29/2009)
    In a brief to the BIA, DHS argues – consistent with AILF’s position in its amicus brief – that an immigration judge does have jurisdiction to determine whether a visa petition remains valid for adjustment of status under INA § 204(j) when the applicant changes jobs. Following receipt of the brief, the BIA canceled oral argument on the issue. AILA Doc. No. 09092879.
    AILA Doc. No. 09092879.
  • BIA Finds LPR Eligible for Special Rule Cancellation of Removal as a Battered Spouse(258 KB - 9/23/2009)
    The BIA finds that lawful permanent residents may be eligible to apply for special rule cancellation of removal for battered spouses under section 240A(b)(2) of the Act per Congressional intent. Matter of Martinez, 25 I&N Dec. 66 (BIA 2009).
    AILA Doc. No. 09092367.
  • BIA Remands Case Where Defendant Appeals In Absentia Order(225 KB - 9/23/2009)
    The BIA sustained the appeal and remanded the case back to the Immigration Judge (IJ) where the IJ ordered the defendant removed in absentia, when the failure to appear only occurred because the defendant was in state custody. Matter of EVRA, 25 I&N Dec. 79 (BIA 2009). AILA Doc. No. 09092364.
    AILA Doc. No. 09092364.
  • BIA Remands, IJ Granted Pre-Hearing Voluntary Departure without Securing Waiver of Appellate Rights(65 KB - 8/11/2009)
    BIA sustains appeal and remands. Finds the IJ granted pre-hearing voluntary departure under INA § 240B(a) and 8 CFR §1240.26(b) without securing the appellant’s explicit waiver of appellate rights as required. Non-precedent decision courtesy of Gurpatwant S. Pannun. AILA Doc. No. 09081161.
    AILA Doc. No. 09081161.
  • BIA Finds a Reasonable Inference of Marriage Fraud Is Not Substantial and Probative(1876 KB - 7/28/2009)
    BIA finds that misrepresentation of the viability of a marriage does not mean the marriage was fraudulent, and a reasonable inference of marriage fraud is not substantial and probative. Non-precedent decision courtesy of Scott Devore. AILA Doc. No. 09072864.
    AILA Doc. No. 09072864.
  • BIA Addresses Motion to Reopen Adjustment Based on Marriage Entered into While in Removal Proceedings(45 KB - 7/27/2009)
    BIA finds that a motion to reopen to apply for adjustment based on marriage entered into after the commencement of removal proceedings may not be denied under the Matter of Velarde’s fifth factor based on the mere fact that the govt. has filed an opposition to the motion, without regard to its merit. Matter of Lamus, 25 I&N Dec. 61 (BIA 2009). AILA Doc. No. 09072760.
    AILA Doc. No. 09072760.
  • BIA Finds Notice of Hearing Was Not Properly Served, Given to Counsel Not Duly Authorized(305 KB - 7/24/2009)
    BIA grants motion and rescinds in absentia removal order. Finds that the notice of hearing was not properly served under INA § 239(a), as it was given to the attorney who appeared for the respondent at the hearing, although the respondent had not retained him. Non-precedent decisions courtesy of Gurpatwant S. Pannun. AILA Doc. No. 09072465.
    AILA Doc. No. 09072465.
  • BIA Addresses Deportation Orders Issued in Absentia and Lack of Notice(241 KB - 7/23/2009)
    BIA remands to the IJ holding that a foreign national’s departure from the U.S. while under an outstanding order of deportation or removal issued in absentia does not deprive the IJ of jurisdiction to entertain a motion to reopen to rescind the order if the motion is premised upon lack of notice. Matter of Bulnes, 25 I&N Dec. 57 (BIA 2009) (Interim Decision). AILA Doc. No. 09072332.
    AILA Doc. No. 09072332.
  • IJ Finds Applicant Was Improperly Placed in Proceedings Prior to Adjudication of Asylum Application(106 KB - 7/23/2009)
    IJ grants motion to terminate proceedings, persuaded that the asylum applicant was improperly placed in removal proceedings prior to the adjudication of a previously filed asylum application. Courtesy of Geoffrey Hoffman. AILA Doc. No. 09072363.
    AILA Doc. No. 09072363.
  • BIA Finds Lack of Jurisdiction Over IJ’s Decision to Vacate Removal Order in Claimed Status Review Proceeding(41 KB - 7/20/2009)
    The BIA finds that it lacks jurisdiction to review a DHS appeal of an IJ’s decision to vacate an expedited removal order after a claimed status review hearing pursuant to 8 C.F.R. § 1235.3(b)(5)(iv), at which the IJ determined the respondent to be a U.S. citizen. Matter of Lujan-Quintana, 25 I&N Dec. 53 (BIA 2009). AILA Doc. No. 09072072.
    AILA Doc. No. 09072072.
  • DHS Brief Indicates Change in Policy Regarding Asylum Claims Filed by Victims Domestic Violence(9887 KB - 7/16/2009)
    In this brief from an asylum case based on domestic violence, DHS states that it is possible that applicants who have experienced domestic violence could qualify for asylum based on alternative social group formations, and proposes two formulations under which victims of domestic violence might be able to advance asylum claims. AILA Doc. No. 09071664.
    AILA Doc. No. 09071664.
  • BIA Holds IJ Can Conduct De Novo Review of TPS Eligibility Even if Appeal Rights before DHS Not Exhausted(40 KB - 7/16/2009)
    BIA clarifies that its holding in Barrientos was not meant to restrict an IJ’s jurisdiction to review a TPS application. Finds that neither INA § 244(b)(5) nor the regulations require exhaustion of DHS appeal procedures before an IJ may conduct a de novo review of TPS eligibility. Matter of Lopez-Aldana, 25 I&N Dec. 49 (BIA 2009). AILA Doc. No. 09071662.
    AILA Doc. No. 09071662.
  • BIA Looks to Ties to the U.S., Activity Abroad, to Find Returning Resident Did Not Abandon Status(626 KB - 7/15/2009)
    BIA concludes DHS failed to show that a returning resident who re-entered the U.S. after 2 years and 9 months abroad was not admissible. Finds LPR does not necessarily abandon status if trip extends beyond short period, as key is whether activities are consistent with intent to return as soon as practicable. Non-precedent. Courtesy of William A. Hahn. AILA Doc. No. 090715963.
    AILA Doc. No. 09071563.
  • BIA Upholds IJ’s Finding of Lack of Jurisdiction to Change Custody Status of Applicant in Asylum Proceedings(229 KB - 7/1/2009)
    The BIA finds that the IJ properly determined that he lacked jurisdiction to redetermine the conditions of the applicant’s custody and set bond. The applicant was admitted to the U.S. under the Visa Waiver Program and was in asylum-only proceedings. Matter of Werner, 25 I&N Dec. 45 (BIA 2009). AILA Doc. No. 09070163.
    AILA Doc. No. 09070163.
  • BIA Finds False Statement of Birth in Texas on Passport Application Amounts to Claim of Citizenship(47 KB - 6/22/2009)
    BIA finds the foreign national was inadmissible at the time of her adjustment application for having falsely represented herself to be a U.S. citizen on a passport application, having claimed birth in Texas. Reverses, orders her removed. Matter of Barcenas, 25 I&N Dec. 40 (BIA 2009). AILA Doc. No. 09062262.
    AILA Doc. No. 09062262.
  • BIA Finds Aged Out Beneficiary Cannot Automatically Convert from Fourth to Second Preference(63 KB - 6/18/2009)
    BIA affirms decision to accord later priority date to derivative who aged out of a fourth-preference petition, finding she cannot automatically convert her status to beneficiary of a second-preference category under INA § 203(h), nor can she retain the earlier priority date because of the difference in petitioner. Matter of Wang, 25 I&N Dec. 28 (BIA 2009). AILA Doc. No. 09061870.
    AILA Doc. No. 09061870.
  • BIA Concludes Appellant’s Receipt of Stolen Property Conviction is an Aggravated Felony(80 KB - 6/18/2009)
    BIA dismisses the appeal, finding that the appellant’s conviction for receipt of stolen property under California statute, with a sentence of more than one year of imprisonment, qualifies categorically as an aggravated felony under INA §101(a)(43)(G). Matter of Cardiel, 25 I&N Dec. 12 (BIA 2009). AILA Doc. No. 09061867.
    AILA Doc. No. 09061867.
  • BIA Remands for Enumeration of Ground Relied Upon for Withholding Claim(55 KB - 6/17/2009)
    BIA remands for further fact-finding and for the IJ to readdress the withholding claim in light of the framework set out by the Attorney General in Matter of A-T-, 24 I&N Dec. 617. The request for asylum or withholding of removal was premised on past persecution related to female genital mutilation. Matter of A-T-, 25 I&N Dec. 4 (BIA 2009). AILA Doc. No. 09061765.
    AILA Doc. No. 09061765.
  • BIA Remands Domestic Violence Asylum Case Held in Abeyance for More than Six Years(150 KB - 6/17/2009)
    BIA remands asylum case back to IJ based on Matter of R-A-, 24 I&N Decision 629 (A.G. 2008) after holding case in abeyance for over six years for the "parties to present arguments regarding applicable asylum law to those facts, and for the entry of a new decision by the immigration judge." Unpublished decision courtesy of Christopher Helt. AILA Doc. No. 09061763.
    AILA Doc. No. 09061763.
  • Attorney General Vacates Decision in Matter of Compean(207 KB - 6/3/2009)
    On June 3, 2009, Attorney General Eric Holder, vacated the decision in Matter of Compean and directed the BIA and Immigration Judges to apply the decision in Matter of Lozada for claims of ineffective assistance of counsel, pending promulgation of relevant regulations. AILA InfoNet Doc. No. 09060321.
    AILA Doc. No. 09060321.
  • BIA Finds Immigration Judge Failed to Adhere to Role of Impartiality(144 KB - 5/26/2009)
    The BIA vacates and remands for a new hearing before a different immigration judge. Applicant challenged the fairness of the underlying hearing on his applications for asylum, withholding of removal and protection under CAT. BIA finds the IJ did not behave in a professional and impartial manner. Unpublished decision courtesy of Aleksander Milch. AILA Doc. No. 09052660.
    AILA Doc. No. 09052660.
  • BIA Finds Appellant Did Not Automatically Derive Citizenship from U.S. Citizen Stepfather(52 KB - 5/11/2009)
    The BIA holds that an alien cannot demonstrate derivative citizenship under INA § 320(a) through a nonadoptive stepparent. The alien was born in Mexico and moved to the U.S. with his mother and U.S. citizen stepfather at age 13. Matter of Guzman-Gomez, 24 I&N Dec. 824 (BIA 2009). AILA Doc. No. 09051165.
    AILA Doc. No. 09051165.
  • BIA Holds Conviction is Final Despite Pending Appeal in State Court(123 KB - 5/5/2009)
    BIA finds appellant’s pending late-reinstated appeal does not undermine the finality of his conviction as a valid predicate for removability. Denies appeal. Appellant was granted permission to file a late-reinstated appeal of a criminal conviction in state court. Matter of Cardenas Abreu, 24 I&N Dec. 795 (BIA 2009). AILA Doc. No. 09050573.
    AILA Doc. No. 09050573.
  • BIA Remands for Consideration of Enumerated Factors in Continuance Request(267 KB - 4/22/2009)
    The BIA addresses factors to be considered in deciding whether a continuance request is warranted. Notes that compliance with an IJ’s case completion goals is not a proper factor in deciding a continuance request. Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009). AILA Doc. No. 09042233.
    AILA Doc. No. 09042233.
  • BIA on Jurisdiction over Adjustment for Arriving Aliens Who Apply under Cuban Adjustment Act(239 KB - 4/21/2009)
    The BIA vacates and remands, holding that Immigration Judges no longer have jurisdiction in removal proceedings to consider adjustment of status applications filed by arriving aliens who are seeking benefits under the Cuban Adjustment Act. Matter of Martinez-Montalvo, 24 I&N Dec. 778 (BIA 2009). AILA Doc. No. 09042162.
    AILA Doc. No. 09042162.
  • BIA Finds Failure to Prove that Conviction Was Not for a CIMT(54 KB - 4/15/2009)
    BIA dismisses appeal finding failure to meet burden of proving conviction was not for a crime involving moral turpitude in order to establish eligibility for cancellation of removal. Also finds the date application for relief was filed is what governs whether REAL ID Act provisions apply. Matter of Almanza-Arenas, 24 I&N Dec. 771 (BIA 2009). AILA Doc. No. 09041564.
    AILA Doc. No. 09041564.
  • BIA Finds State Conviction for Solicitation of Cocaine is Offense "Relating to a Controlled Substance" under INA(40 KB - 3/20/2009)
    BIA reaffirms its precedent in Matter of Beltran, finding that the Florida conviction for soliciting the delivery of cocaine is a conviction for an offense under State law "relating to a controlled substance" that makes the foreign national removable under INA 237(a)(2)(B)(i), outside the Ninth Circuit. Matter of Zorilla-Vidal, 24 I&N Dec. 768 (BIA 2009). AILA Doc. No. 09032072.
    AILA Doc. No. 09032072.
  • BIA Finds that IJ Can Order Continued Detention as Condition of Voluntary Departure(49 KB - 3/20/2009)
    BIA dismisses the appeal determining that an IJ has the authority to order the continued detention of a foreign national as a condition of voluntary departure. Also upholds IJ’s finding that the foreign national failed to establish eligibility for asylum, withholding or CAT relief. Matter of M-A-S-, 24 I&N Dec. 762 (BIA 2009). AILA Doc. No. 09032064.
    AILA Doc. No. 09032064.
  • BIA Finds IJ Erred in Concluding Burglary is not CIMT(56 KB - 3/19/2009)
    The BIA engages in a traditional categorical analysis, and following Matter of Silva-Trevino, examines whether there is a “‘realistic probability” that the statute under which the alien was convicted would be applied to reach conduct that does not involve moral turpitude. Sustains DHS appeal, remands. Matter of Louissaint, 24 I&N Dec. 754 (BIA 2009). AILA Doc. No. 09031961.
    AILA Doc. No. 09031961.
  • BIA Addresses whether Electronic Monitoring and Home Confinement Constitute Custody(53 KB - 3/13/2009)
    BIA sustains DHS appeal, vacates IJ’s order. Concludes that because DHS released the foreign national from actual physical detention, he was released from custody within the meaning of 8 C.F.R.§ 1236.1(d)(1). Matter of Jose Aguilar-Aquino, 24 I&N Dec. 747 (BIA 2009). AILA Doc. No. 09031364.
    AILA Doc. No. 09031364.
  • IJ Addresses ISAP as “Custody” within Meaning of the INA and Applicable Regulations(1238 KB - 3/12/2009)
    Orlando Immigration Court IJ finds that ISAP is a form of custody sufficiently restrictive to constitute "custody" within the meaning of INA § 236 of the Act and 8 C.F.R. § 1236.1(d). Orders release from ISAP upon payment of bond. Decision courtesy of Andy Strickland. AILA Doc. No. 09031268.
    AILA Doc. No. 09031268.
  • IJ Grants CAT Relief to Rape Victim from Vietnam(36 KB - 3/5/2009)
    IJ grants relief under Article 3 of the Convention Against Torture (CAT) to an LPR convicted of an aggravated felony, based on grounds to believe that the foreign national would be in danger of being subjected to torture if she were returned to Vietnam. The LPR was a victim of repeated rape. Decision courtesy of John Ovink. AILA Doc. No. 09030570.
    AILA Doc. No. 09030570.
  • BIA Remands to Allow for Additional Relevant Evidence in Cancellation of Removal Case(1396 KB - 3/4/2009)
    BIA remands to allow for additional relevant evidence. Applicant for cancellation of removal claims removal would pose exceptional and extremely unusual hardship to U.S. citizen daughter because of lack of support and medical care in Honduras to treat kidney disease and other health problems. Unpublished decision courtesy of Luis Sanabria. AILA Doc. No. 09030465.
    AILA Doc. No. 09030465.
  • Orozco Litigation: BIA remands to allow DHS to amend the NTA (6/24/2009)
    Without addressing the continuing validity of Matter of Areguillin, the BIA has remanded Matter of Orozco to allow DHS to amend the NTA. A second case raising the issue of whether an entry based on fraud or misrepresentation can constitute an admission remains pending with the BIA. AILA Doc. No. 09013069.
    AILA Doc. No. 09013069.
  • BIA Denies Motion to Set Aside Attorney Suspension Order(59 KB - 1/14/2009)
    The BIA denied an attorney’s motion to set aside a suspension order for failure to show good cause. Motion was based on claimed good standing before the California State Bar. Attorney was suspended from practice by the Ninth Circuit, and subsequently before the BIA, the Immigration Courts, and DHS. Matter of Rosenberg, 24 I&N Dec. 744 (BIA 2009). AILA Doc. No. 09011465.
    AILA Doc. No. 09011465.
  • BIA Finds Request for Corroboration Improper, Adverse Credibility Analysis Inadequate(205 KB - 1/14/2009)
    BIA sustains appeal and remands. Concludes that the asylum applicant from Turkmenistan, persecuted on account of religion and ethnicity, adequately explained the failure to provide corroborating evidence. Also finds IJs adverse credibility determination was inadequate. Unpublished decision courtesy of Harry Asatrian. AILA Doc. No. 09011460.
    AILA Doc. No. 09011460.
  • AILF Summary of AG Decision on Claims Regarding Counsel in Removal Proceedings (Updated on 2/6/09) (2/6/2009)
    The Attorney General overrules the Board’s decisions in Matter of Lozada, and Matter of Assaad. Finds there is no fifth amendment right to counsel. Matter of Compean-Bangaly & J-E-C, 24 I&N, Dec. 710 (A.G. 2009). Just added: AILF amici brief and letter to AG Holder. AILA Doc. No. 09010730.
    AILA Doc. No. 09010730.
  • BIA Reopens Proceedings for Ethiopian Asylum Seeker(73 KB - 1/5/2009)
    BIA reopens exclusion proceedings and remands to allow the applicant to reapply for asylum and withholding, and to seek CAT relief. BIA found material evidence of changed country conditions demonstrated prima facie eligibility for relief. Unpublished decision courtesy of Geoffrey A. Hoffman and Lacy Brinson of Kurzban Kurzban Weinger & Tetzeli. AILA Doc. No. 09010563.
    AILA Doc. No. 09010563.