Bd. erred in affirming IJ’s denial of alien’s motion to reopen his removal proceedings that previously resulted in order directing alien’s removal to Sudan, where purpose of motion to reopen was to obtain opportunity to file late asylum application in which alien alleged that his removal to either Sudan or South Sudan would subject him to either religious persecution or to dangerous civil war. Record showed that alien had filed motion to reopen beyond applicable 90-day deadline for doing so, and while Bd. found that alien had failed to present evidence of changed circumstances in either Sudan or South Sudan so as to explain late filing of motion to reopen, Ct. of Appeals found that new consideration of alien’s motion to reopen was required, where Bd. had ignored evidence of changed circumstances in both Sudan or South Sudan.
Federal 7th Circuit Court
Civil Court
Immigration