Board erred in denying without conducting evidentiary hearing petitioner’s motion to reopen his case, seeking under CAT deferral of his removal to Ethiopia, where petitioner alleged that changed circumstances in Ethiopia since his proceedings had closed, including 2020 outbreak of civil war in Tigray region in Northern Ethiopia, increased risk that petitioner, who was Ethnic Eritrean, would be tortured if removed to Ethiopia at this time. Remand for Board to conduct evidentiary hearing was required, where petitioner submitted considerable evidence establishing that war in Tigray region, as well as accompanying military cooperation between Ethiopia and Eritrea, have increased risk that Eritreans in Ethiopia will be tortured. Moreover, record did not support Board’s assumption that petitioner was Ethiopian, as opposed to Eritrean citizen. As such, Board on remand must resolve question of petitioner’s citizenship, as well as materiality of his citizenship to question regarding his risk of torture.
Federal 7th Circuit Court
Civil Court
Immigration