Tanusantoso v. Barr, No. 18-1440 (2d Cir. 2020)Annotate this Case
The Second Circuit granted a petition for review of the BIA's denial of petitioners' third motion to reopen. Petitioners argued that the BIA abused its discretion in denying their motion to reopen because it failed to address their primary evidence of changed country conditions for Christians in Indonesia and incorrectly concluded that their failure to submit a new asylum application with their motion made the motion procedurally deficient under 8 C.F.R. 1003.2(c)(1).
The court held that the BIA's one-and-a-half page order failed to account for relevant evidence of changed country conditions. The court also held that section 1003.2(c)(1) does not require the submission of a new asylum application for motions such as this one. Accordingly, the court vacated the BIA's decision and remanded for explicit consideration of the changed country conditions evidence.