Oyeniran v. Holder, Jr., No. 09-73683 (9th Cir. 2012)
Annotate this CasePetitioner, a citizen of Nigeria, sought review of a decision by the BIA to deny him protection under the CAT and to deny his motion to reopen the case to consider new evidence. The court held that collateral estoppel bound the BIA to its prior determination of the facts and legal consequences regarding past incidents of government-sponsored violence against petitioner's family due to his father's activities supporting Christianity over Islam. The court also concluded that the BIA abused its discretion by denying petitioner's motion to reopen to consider the significant new evidence of a Nigerian arrest warrant that charged petitioner personally with inciting opposition to Sharia law. Accordingly, the court granted the petition and remanded for further proceedings.
The court issued a subsequent related opinion or order on May 3, 2012.
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