Case Law

Rescission of an in absentia order is not required to reopen proceedings to apply for asylum and withholding of removal. The numerical limitations on filing motions to reopen are not applicable to an alien seeking reopening to apply for asylum and withholding of removal based on changed country conditions. Record remanded for further proceedings.

18 July 2013 | Judicial Body: United States Board of Immigration Appeals | Countries: China - United States of America

Case remanded to the Immigration Judge to determine whether the applicant showed compelling reasons to be granted asylum based on either severe past persecution or other serious harm.

17 February 2012 | Judicial Body: United States Board of Immigration Appeals | Countries: Albania - United States of America

The BIA found that past persecution suffered by the applicant was so severe that asylum should be granted notwithstanding the change of circumstances in the country of origin.

19 May 1995 | Judicial Body: United States Board of Immigration Appeals | Countries: Afghanistan - United States of America