United States Second Circuit

BIA's denial of petitioners' motion to reopen case to apply for asylum and other relief based on "changed circumstances" in Iran is reversed as the BIA abused its discretion where petitioners presented ompelling evidence of materially worsened country conditions and established prima facie eligibility for asylum.

Appellate Information

• Decided 06/16/2006
• Published 06/16/2006

Judges

• PER CURIAM., Before STRAUB, SOTOMAYOR and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert D. Kolken (Eric W. Schultz, on the brief), Sacks, Kolken & Schultz, Buffalo, NY, for Petitioner.


• For Appellees:
  
• Patrick M. Flatley, Assistant United States Attorney (for Thomas E. Johnston, United States Attorney for the Northern District of West Virginia), Wheeling, WV, for Respondent.