Ordonez Azmen v. Barr, No. 17-982 (2d Cir. 2020)
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The Second Circuit granted a petition for review of the BIA's decision denying petitioner's motion to remand and dismissing his appeal of the denial of his asylum and statutory withholding claims under the Immigration and Nationality Act (INA). The court held that the BIA failed to adequately explain its conclusion that petitioner's proposed social group of former gang members in Guatemala was not particular. Furthermore, the BIA failed to adequately explain its reasons for denying petitioner's motion to remand based on evidence of new country conditions.
The court also held that under 8 U.S.C. 1158(a)(2)(D), changed circumstances presenting an exception to the one-year deadline for filing an asylum application need not arise prior to the filing of the application. In this case, the BIA erred when it refused to consider petitioner's alleged changed circumstances on the ground that the change occurred while his application was pending. Therefore, the court vacated the BIA's decision and remanded for reconsideration.
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