Chandra v. Holder, Jr., No. 10-70029 (9th Cir. 2014)Annotate this Case
Petitioner, an Indonesian citizen of Chinese descent, sought review of the BIA's denial of his motion to reopen removal proceedings. The court joined its sister circuits and held that a petitioner's untimely motion to reopen may qualify under the changed conditions exception in 8 C.F.R. 1003(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner's personal circumstances. In this case, petitioner converted to Christianity after his order of removal became final. Petitioner then filed an untimely motion to reopen on the basis that religions persecution against Christians in Indonesia had worsened since his previous hearing. The court granted the petition and remanded for further proceedings because the BIA failed to consider petitioner's evidence of changed conditions in Indonesia in light of his conversion to Christianity.