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Second Circuit tells BIA to reopen clients’ case for asylum hearing

Published: Jun 26, 2006 By: Eric W. Schultz Source: My Source
Eric W. Schultz, Esq., successfully reversed a Board of Immigration Appeals denial of his clients’ motion to reopen to apply for asylum protection in the U.S.  The clients, spouses from Iran, had lost their appeal to the BIA when they expressed a fear of return to Iran due to the husband’s Jewish ethnicity and religion, and the wife’s Islamic background and her inter-faith marriage.  The couple also expressed fear of return due to their lengthy presence in the U.S., and due to deteriorating human rights conditions in Iran.  Eric assisted them in filing a motion to reopen with the BIA to ask for an opportunity to seek protection from return.  The BIA dismissed their motion to reopen on the basis that they had waived their opportunity by not applying for asylum earlier.   


The Second Circuit agreed with Eric’s argument that the BIA had abused its discretion in denying the motion, because the motion he had assisted the clients in submitting contained evidence of materially worsened country conditions, and further held that in deciding whether evidence was previously unavailable in evaluating a motion to reopen, the date was the final trial hearing when the record was closed.  The Court reversed the BIA denial and remanded the case.

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