BIA on Reopening: Matter of J-G-, Int. Dec. No. 3788

BIA on Reopening: Matter of J-G-, Int. Dec. No. 3788

(1) An alien who is subject to an in absentia removal order need not first rescind the order before seeking reopening of the proceedings to apply for asylum and withholding of removal based on changed country conditions arising in the country of the alien’s nationality or the country to which removal has been ordered.

(2) The numerical limitations on filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1) (2013) are not applicable to an alien seeking reopening to apply for asylum and withholding of removal based on changed country conditions arising in the country of the alien’s nationality or the country to which removal has been ordered.

26 I&N Dec. 161 (BIA 2013)  [Hats off to Gary Yerman!]