1. Whether there has been a change of conditions in Burma to justify a departure from the country guidance in TS.
2. Second, whether this appellant is reasonably likely to be at prospective risk in Burma, given his particular political profile and likely political activities in Burma, in light of TS and / or the updated country conditions.
3. Third, and in the alternative, whether the appellant would be unable to renew his passport or obtain a certificate of identity (‘CoI’) from the Burmese Embassy, with the result that he would be detained on return to Burma.
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.