Unpub. BIA Asylum Victory; China; Breach of Confidentiality

Unpub. BIA Asylum Victory; China; Breach of Confidentiality

"The respondent's motion alleges that a United States official advised her that in obtaining the respondent's travel documents, for the purpose of removal, he communicated by email with the Chinese Consulate in such a way as to breach the confidentiality requirements at 8 C.F .R. § 1208.6.  According to the respondent, she asked the official for copies of the emails, and he advised her that he deleted them. The respondent has proffered evidence of her attempts to obtain copies of the emails as well as other evidence concerning information supplied to the Chinese Consulate. The respondent asserts that circumstances in China have changed based in part on the government's awareness that the respondent is a failed asylum seeker.  While the DHS has filed a statement of opposition to the motion, the DHS does not dispute the respondent's claims that confidentiality requirements may have been breached.  We find it appropriate to reopen pursuant to 8 C.F.R. § 1003.2(a) and remand the record to the Immigration Judge for proceedings on whether the respondent is eligible for withholding of removal under the Act or protection under the Convention Against Torture in light of the new evidence in this matter." - Matter of X-, Feb. 26, 2013.

Hats off to Joshua Bardavid!