Khin Soe v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Khin Soe v. Loretta E. Lynch, 617 F. App'x 833 (9th Cir. 2015)

Khin Soe v. Loretta E. Lynch

Opinion

MEMORANDUM ***

Khin Hlaing Soe petitions for review of the Board of Immigration Appeals’ dismissal of his appeal from the Immigration Judge’s denial of his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252(a)(1). We grant Soe’s petition and remand to the BIA.

At the time the BIA dismissed Soe’s appeal, we had not yet decided Chandra v. Holder, 751 F.3d 1034 (9th Cir. 2014). In Chandra, we held that “a petitioner’s untimely motion to reopen may qualify under the changed conditions exception in 8 C.F.R. § 1003.2(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances.” 1 Id. at 1038. When the BIA made its decision in Soe’s case, it did not consider how Soe’s publicly documented involvement in pro-democracy, Burmese groups in San Francisco beginning in 2005 made relevant his substantial evidence of changed country conditions in Burma; namely, the government’s *834 treatment of returning citizens who protested against it while abroad and its inquiry into his whereabouts and activities shortly after he participated in protests against it in San Francisco. In accordance with Chandra, the BIA should consider Soe’s changed personal" circumstances in light of the evidence of changed country conditions. Therefore, we grant Soe’s petition and remand to the BIA for reconsideration. See INS v. Ventura, 537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION GRANTED; REMANDED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1

. The language in § 1003.2(c)(3)(ii) is identical to the language pertaining to changed country conditions in the regulation applicable to Soe — 8 C.F.R. § 1003.23(b)(4)(i) — who moved to reopen before the IJ rather than the BIA.

Reference

Full Case Name
KHIN HLAING SOE, AKA Nay Lin Sean, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished