CA9 on Changed Circumstances: Kaur v. Garland

Kaur v. Garland

"This asylum case is about changed country circumstances, including changes in personal circumstances, which are entirely outside the applicant’s control. Ravinder Kaur, an Indian national, appeals the BIA’s decision denying her motion to reopen removal proceedings. Kaur argues that the BIA erred in concluding that she has failed to show materially changed conditions in India, her country of origin. She also argues that the BIA erred in concluding she failed to establish a prima facie case of asylum and withholding of removal or protection under the Convention Against Torture. We agree with Kaur on several critical points. The BIA erred in determining that she failed to show material changed conditions in India. Kaur’s personal circumstances in India changed in a way entirely outside her control and, relatedly, violence against women has materially increased in India. These situations together constitute changed country circumstances. The BIA also erred in its analysis of whether Kaur established a prima facie case for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We thus remand the case to the BIA for further proceedings on Kaur’s motion to reopen."

[Hats off to Bob Jobe!]