A matter for an individual making a second effort to gain asylum in the United States has been revived by the Ninth Circuit. The group found that the Board of Immigration Appeals (BIA) did not consider new asylum evidence information submitted by the individual appropriately.

A panel stated that the BIA made an error in not agreeing to reconsider a 1997 asylum request review. The basis of the denial was that material changes had not been seen in the region since the individual originally submitted their asylum request, back in the late 1990s. However, the home country of the individual has seen several changes that, in the panels’ opinion, are sufficient to prove reconsideration is warranted.

The Ninth Circuit reversed the BIA’s original decision and ordered them to reconsider the matter, including the new information and related supporting documents. The circuit further stated that the significance of the new information was more than sufficient to qualify the matter for further review. Included in the new evidence is proof from family members still in the region that government officials from that country are searching for the individual. The officials have been charged with the killing of individuals who are similar to the person seeking asylum in the United States.

The panel found that the evidence provided shows that the BIA was indeed inaccurate in finding that the asylum-seeking individual was not in danger.

The need to understand the law, the type of documentation required, if needed, and experience with the process are key to maximizing your odds of a positive outcome. Contact us at ILBSG to see how our team of experienced and expert attorneys work with each client in their own specific situation to maximize the odds of a favorable result. We can help you, too.

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