United States Third Circuit

Petition for review of an order denying Bangladesh native's motion to reopen removal proceedings is granted where the BIA abused its discretion in arbitrarily and capriciously finding that: 1) new evidence did not show a change in country conditions for purposes of allowing a motion to reopen to be brought; and 2) new and prior evidence in the record together failed to make out a prima facie case for asylum.

Appellate Information

• Argued 07/10/2007
• Decided 09/19/2007
• Published 09/19/2007

Judges

• Before:  RENDELL and AMBRO, Circuit Judges, SHAPIRO, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Alan M. Strauss, Esquire (Argued), Law Office of Stanley H. Wallenstein, New York, NY, for Petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division, Alison M. Igoe, Senior Litigation Counsel, Richard M. Evans, Esquire, Joan E. Smiley, Esquire, Lyle D. Jentzer, Esquire (Argued), Ada E. Bosque, Esquire, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.