Board of Immigration Appeals Remands Asylum Based Motion to Reopen Case to the Immigration Judge

Steven N. Garmo

Case Conclusion Date: July 15, 2011

Practice Area: Immigration

Outcome: Remand

Description: BIA remanded the case to the immigration judge recognizing that “worsening country conditions” can and do constitute changed country conditions. The board held “In view of these recent developments, we find the conditions in Iraq have changed to such an extent since the respondent’s prior deportation hearing that the proceeding should be reopened to consider the respondent's application for asylum... We will, therefore, remand the record for further proceedings to consider the worsening situation in Iraq for Christians and the entry of a new decision."