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.
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.
Translator's Note: The Federal Administrative Court, or Bundesverwaltungsgericht, is the Federal Republic of Germany's supreme administrative court. This unofficial translation is provided for the reader's convenience and has not been officially authorised by the Bundesverwaltungsgericht. Page numbers in citations of international texts have been retained from the original and
may not match the pagination in the parallel English versions.