U.S.

Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
Office of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, Virginia 20530

Name:B

,S

OHS/ICE Office of Chief Counsel - BAL

31 Hopkins Plaza, Room 1600
Baltimore, MD 21201

-223

Date of this notice: 1/27/2015

Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,

Donna Carr
Chief Clerk

Enclosure
Panel Members:
Miller, Neil P.

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: S-B-, AXXX XXX 223 (BIA Jan. 27, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

Hughes, Anwen Sarah

Human Rights First
75 Broad Street, 31st Fl
New York, NY 10004

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

Office of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, Virginia 20530

Name:B

,S

OHS/ICE Office of Chief Counsel - BAL

31 Hopkins Plaza, Room 1600
Baltimore, MD 21201

A 096-290-223

Date of this notice: 1/27/2015

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be
removed from the United States or affirms an Immigration Judge's decision ordering that you
be removed, any petition for review of the attached decision must be filed with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Sincerely,

DonrtL

ca.AA)

Donna Carr
Chief Clerk

Enclosure
Panel Members:
Miller, Neil P.

Userteam:

Cite as: S-B-, AXXX XXX 223 (BIA Jan. 27, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

,S
B
A096-290-223
6516 HORROCKS STREET
PHILADELPHIA, PA 19149

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office-for Immigration Review

Falls Church, Virginia 20530

File:
In re: S

223 - Baltimore, MD

Date:

JAN 27 2015

MOTION
ON BEHALF OF RESPONDENT: Anwen Hughes, Esquire
APPLICATION: Reopening
ORDER:
On September 24, 2014, the respondent submitted a motion to reopen proceedings in which
the Board dismissed his appeal on January 13, 2005. He also seeks a stay of removal. The
record is remanded.
The respondent's motion is untimely as it was filed more than eight years after the Board's
decision. Section 240(c)(7) of the Immigration and Nationality Act, 8 U.S.C. 1229a(c)(7);
8 C.F.R. 1003.2(c)(2). However, the respondent contends that reopening is warranted in light
of changed conditions in his native Central African Republic ("CAR") such that he is eligible for
relief from removal. Section 240(c)(7)(C)(ii) of the Act; 8 C.F.R. 1003.2(c)(3)(ii). To
establish a change in country conditions, the respondent must present evidence that "is material
and was not available and would not have been discovered or presented at the previous
proceeding." Section 240(c)(7)(C)(ii) of the Act. In determining whether a motion to reopen
contains evidence that demonstrates a material change in country conditions that would justify
reopening, the Board compares the evidence of country conditions submitted with the motion to
those that existed at the time of the merits hearing. Matter ofS-Y-G-, 24 I&N Dec. 247, 253
(BIA 2007). In addition to identifying the previously unavailable evidence, an applicant seeking
to establish changed country conditions must demonstrate his prima facie eligibility for relief,
that is, he must demonstrate that the new evidence would likely alter the result of his case. INS
v. Abudu, 485 U.S. 94, 104-05 (1988); Onyeme v. INS, 146 F.3d 227, 234 (4th Cir. 1998).
The respondent asserts that he will be killed by anti-Muslim militias, stating that three of his
siblings, two children of one of his brothers, and unspecified members of his mother's family
were killed in attacks (Motion, Tabs A (I-589, p. 5), B). The respondent asserts that "antibalaka" militias have been killing Muslims in the CAR. In support of his motion he has
submitted statements from himself and various witnesses, as well as documents regarding
conditions in the CAR. In view of the totality of the evidence presented, we find that the
respondent has demonstrated sufficiently changed conditions in the CAR such that reopening is
appropriate. Accordingly, the proceedings are remanded to the Immigration Judge for
consideration of the respondent's application for asylum, and his request for a stay is granted.

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Q '----------- ----.. . ._

FOR THE BOARD

Cite as: S-B-, AXXX XXX 223 (BIA Jan. 27, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS