Deep v. Barr, No. 19-60391 (5th Cir. 2020)
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The Fifth Circuit denied a petition for review to reopen petitioner's removal proceedings for the second time. After petitioner failed to appear for his removal proceeding, the IJ ordered him removed in absentia. The court agreed with the BIA that petitioner failed to establish the materially changed country conditions necessary to succeed on a successive motion to reopen.
In this case, the BIA did not abuse its discretion in determining that petitioner has not shown that there has been a material change, as opposed to a continuation, of overall violent conditions experienced by lower caste members in India since the date of his removal order; the BIA did not abuse its discretion in concluding that incremental worsening of an existing condition does not constitute a changed country condition for the purpose of reopening a removal order; and petitioner's assertion that the IJ and the BIA did not consider his evidence because they did not specifically cite certain articles he submitted cannot overcome the presumption of regularity.
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