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Romero Zambrano v. Sessions, Dec. 5, 2017 - "This Court agrees with the logic of the Ninth, Second, and Sixth circuits. New facts that provide additional support for a pre-existing asylum claim can constitute a changed circumstance. These facts may include circumstances that show an intensification of a preexisting threat of persecution or new instances of persecution of the same kind suffered in the past. The Court remands to the BIA and leaves the determination of whether the facts on record constitute changed circumstances which materially affect the petitioner’s eligibility for asylum to the BIA’s sound discretion. The BIA erred when it categorically held that additional proof of an existing claim does not establish changed circumstances. Accordingly, we grant the petition for review, vacate the BIA’s order, and remand the case to the BIA for further consideration in light of this opinion."
[Hats off to Ben Winograd! Ben is an attorney at IRAC, the author of the Index of Unpublished Decisions of the Board of Immigration Appeals , maintains IRAC’s Twitter feed (@AppellateCenter) and is a Research Editor at Bender's Immigration Bulletin. Listen to the oral argument here.]
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