Inestroza-Antonelli v. Barr, No. 18-60236 (5th Cir. 2020)
Annotate this CaseThe Fifth Circuit granted a petition for review of the BIA's decision affirming the IJ's denial of petitioner's motion to reopen her removal proceedings. Petitioner relied in part on the alleged dismantling of institutional protections for women against gender-based violence following a 2009 military coup in Honduras. The court held that the BIA's finding -- that any change in gender-based violence in Honduras was incremental or incidental and not material -- was not supported by the record. In this case, the BIA's complete failure to address uncontroverted evidence of a clearly significant turning point in the country's history and the central role that it played in petitioner's arguments regarding changes in country conditions was an abuse of discretion. Accordingly, the court remanded for further proceedings.
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