David Singui v. Eric Holder, Jr.
Opinion of the Court
MEMORANDUM
Petitioner David Singui petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his untimely-filed motions to reopen proceedings. We grant the petitions and remand with instructions to reopen Singui’s deportation proceedings.
1. Singui first argues that the BIA used the wrong standard in denying his motions because it required him to show changed country conditions rather than changed circumstances arising in the country. However, the BIA used both terms interchangeably, as we have in our case law. See, e.g., Toufighi v. Mukasey, 538 F.3d 988, 993-94 (9th Cir. 2008); Malty v. Ashcroft, 381 F.3d 942, 945-47 (9th Cir. 2004). Therefore, the BIA did not apply the wrong standard to evaluate Singui’s motions.
2. Next, Singui argues that the BIA erred in concluding that he failed to show changed circumstances in Cameroon, which is an exception that permits untimely-filed motions to reopen. 8 C.F.R. § 1003.2(c)(2), (3). Singui submitted new evidence that was not available at the time of the proceedings before the Immigration Judge (“IJ”). The evidence included emails from another anti-government ac
Third, the BIA improperly faulted Sin-gui for failing to submit an affidavit in support of his motions to reopen, but the relevant regulation permits the submission of evidentiary material without an accompanying sworn statement. See 8 C.F.R. § 1003.2(c)(1); Indradjaja v. Holder, 737 F.3d 212, 219 (2d Cir. 2013) (stating that 8 C.F.R. § 1003.2(c)(1) “does not mandate that any affidavit be submitted, let alone require one specifically from the petitioner.”). Finally, the BIA’s conclusion that Singui’s evidence merely shows a continuation of the same conditions in Cameroon fails to recognize sufficiently that facts supporting changed circumstances will almost always relate to the original claim. Thus, “[t]he critical question is not whether the allegations bear some connection to a prior application, but rather whether circumstances have changed sufficiently that a petitioner who previously did not have a legitimate claim for asylum now has a well-founded fear of future persecution.” Malty, 381 F.3d at 945.
PETITIONS GRANTED with instructions to reopen.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Dissenting Opinion
dissenting:
In my opinion the BIA properly decided that Singui had not submitted sufficient supporting evidence to justify reopening in light of changed country conditions. In fact, he filed no affidavits swearing to the truth of his statements or authenticating or otherwise justifying his claims. That is a particular problem where, as here, he had been found to lack credibility in the original proceeding for a multitude of reasons. As the IJ stated, Singui’s “application for asylum was replete with inconsistencies and discrepancies.”
. One of the grounds (the statement about the arrest of four individuals) was both inconsistent and uncorroborated.
. INS v. Abudu, 485 U.S. 94, 108-11, 108 S.Ct. 904, 913-15, 99 L.Ed.2d 90 (1988); see also Young Sun Shin v. Mukasey, 547 F.3d 1019, 1025 (9th Cir. 2008).
. See INS v. Jong Ha Wang, 450 U.S. 139, 143, 101 S.Ct. 1027, 1030, 67 L.Ed.2d 123 (1981) (per curiam).
. See Toufighi v. Mukasey, 538 F.3d 988, 995 (9th Cir. 2008).
Reference
- Full Case Name
- David SINGUI, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent; David Singui, AKA Mpoupe Singui, Petitioner, v. Eric H. Holder, Jr., Attorney General, Respondent
- Status
- Unpublished