Asylum case remanded
Sep 20, 2007OUTCOME: Asylum granted
The Eighth Circuit Court of Appeals vacated the Immigration Judge's order reopening proceedings and terminating the grant of asylum. The Eighth Circuit remanded the case with directions to reinstate th ... e asylum order. The Eighth Circuit held that the Immigration Judge abused his discretion in reopening the removal proceedings because the Department of Homeland Security failed to show that the evidence upon which the motion to reopen was based was not available and could not have been discovered or presented at the former hearing where petitioners were granted asylum.
