Category Archives: Motions to Reopen

CA7 affirms BIA denial of Asylum, declined remand because no evidence presented to show that new claim was previously unavailable

Posted on April 21, 2017 by Mike Baker

Barragan-Ojeda v. Sessions, No. 16-2964 (7th Cir. 2017) Barragan‐Ojeda, an 18-year-old citizen of Mexico, entered the U.S. without authorization in 2013. He was apprehended at the border and requested asylum. Before an immigration judge, he claimed that a Mexican criminal … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, Motions to Reopen, Persection of gays in Mexico, political opinion | Leave a comment

CA7 vacated BIA denial of untimely Motion to Reopen for ignoring evidence of changed circumstances in both Sudan or South Sudan

Posted on April 20, 2017 by Mike Baker

Arej v. Sessions, No. 15-2061 (7th Cir. 2017) Bd. erred in affirming IJ’s denial of alien’s motion to reopen his removal proceedings that previously resulted in order directing alien’s removal to Sudan, where purpose of motion to reopen was to … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, changed country conditions, Motions to Reopen | Leave a comment

CA7 upholds BIA denial of untimely Motion to Reopen based on ineffective counsel

Posted on April 20, 2017 by Mike Baker

YUSEV v. Sessions, Court of Appeals, 7th Circuit 2017 Bd. did not err in denying alien’s motion to reopen their applications for asylum and withholding of removal based on claim that their counsel was ineffective. Said motion was untimely, since … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Board of Immigration Appeals, ineffective assistance of counsel, Motions to Reopen | Leave a comment

CA7 denies petition as Motion to Reopen was properly denied since evidence of future persecution could have been presented at original hearing-Salim v. Holder

Posted on September 24, 2013 by Mike Baker

Salim v. Holder, No. 12-3858 (August 28, 2013) Petition for Review, Order of Bd. of Immigration Appeals Petition denied Bd. did not err in denying alien’s motion to reopen asylum and withholding of removal proceedings, even though alien submitted new … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Motions to Reopen, past persecution, “new evidence” for purposes of an MTR | Leave a comment