Zeah v. Lynch, No. 15-2466 (8th Cir. 2016)
Annotate this CasePetitioner, a native and citizen of Nigeria, seeks review of the BIA's denial of her motion to reopen her removal proceedings to apply for asylum. Petitioner filed a motion to reopen her removal proceedings to seek asylum based on fear of harm in Nigeria because of allegedly new, widespread violence from the terrorist group Boko Haram. The court held that petitioner's motion to reopen was untimely due to her inability to show a material change in country conditions in Nigeria, which would have excused her from the 90-day time limitation for filing the motion. Accordingly, the court affirmed the BIA's judgment and denied the petition for review.
Court Description: Beam, Author, with Murphy and Gruender, Circuit Judges] Petition for Review - Immigration. For the court's prior opinion in the matter, see Zeah v. Holder, 744 F.3d 577 (8th Cir. 2014). The BIA did not abuse its discretion by denying petitioner's motion to reopen based on a claim of changed country conditions in Nigeria relating to terroristic acts by Boko Haram, as the Department of State's 2009 Country Report on Human Rights Practices in Nigeria - which the BIA properly considered - showed that such atrocities were reported and known prior to petitioner's 2010 hearing, thus negating any claim that the 90-day time frame for filing a motion to reopen should be waived because of a material change in country conditions.
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