United States First Circuit

Denial of motion to reopen removal proceedings is vacated and remanded where the Board of Immigration Appeals may not have applied a properly framed burden of proof when it concluded that so long as plaintiff originally induced the reason for his fear of harm he cannot establish changed country circumstances, as it does not appear that the rise of plaintiff's victim to a position of authority in Liberia's government was a change that was self-induced; and 2) the Board is ordered to consider whether plaintiff has made out a prima facie case of eligibility for protection under the Convention Against Torture.

Appellate Information

• Decided 04/06/2009
• Published 04/06/2009

Judges

• HOWARD, Circuit Judge., Before TORRUELLA, STAHL and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Randy Olen, for petitioner.


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General, Terri J. Scadron, Assistant Director, and Anthony W. Norwood, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Civil Division, on brief for respondent.