Chandra v. Holder, Jr., No. 10-70029 (9th Cir. 2014)
Annotate this CasePetitioner, 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.
Court Description: Immigration. The panel granted a petition for review of the Board of Immigration Appeals’ denial of an untimely motion to reopen. The panel 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. The panel held that the Board therefore erred insofar as it determined that petitioner’s post- removal conversion to Christianity rendered him ineligible to file an untimely motion under the changed conditions exception. The panel remanded for further proceedings after concluding that the Board abused its discretion when it failed to assess petitioner’s evidence that treatment of Christians in Indonesia had deteriorated since his 2002 removal hearing.
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