Not a Lexis+ subscriber? Try it out for free.

Immigration Law

CA2 on Changed Country Conditions: Tanusantoso v. Barr

Tanusantoso v. Barr

"Harmanto Tanusantoso and Wiwik Widayati (collectively, Petitioners) petitioned for review after the Board of Immigration Appeals (BIA) denied their third motion to reopen, in which they alleged a change of country conditions for Christians in Indonesia. Petitioners argue that the BIA abused its discretion in denying their motion to reopen because it (1) failed to address their primary evidence of changed country conditions and (2) incorrectly concluded that their failure to submit a new asylum application with their motion made the motion procedurally deficient under 8 C.F.R. § 1003.2(c)(1). We agree with Petitioners. We find that the BIA’s one-and-a-half-page order failed to account for relevant evidence of changed country conditions and hold that § 1003.2(c)(1) does not require the submission of a new asylum application for motions such as this one. We therefore GRANT the petition for review, VACATE the BIA’s decision, and REMAND for explicit consideration of Petitioners’ changed country conditions evidence."

[Hats off to WILLIAM W. CASTILLO GUARDADO and Dan R. Smulian, on the brief, Catholic Charities Community Services, New York, NY!]