United States Ninth Circuit

A petition for review of the Board of Immigration Appeals' (BIA) denial of an untimely motion to reopen is granted, where: 1) a petitioner's untimely motion to reopen may qualify under the changed conditions exception, even if the changed country conditions are made relevant by a change in the petitioner's personal circumstances; 2) the BIA 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; and 3) the BIA abused its discretion when it failed to assess petitioner's evidence that treatment of Christians in Indonesia had deteriorated since his 2002 removal hearing.

Appellate Information

• Decided 05/12/2014
• Published 05/12/2014

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel