and Submitted June 9, 2016 Pasadena, California
Petition for Review of an Order of the Board of Immigration
Appeals, Agency No. A077-302-674
M. Haghighi (argued), Law Offices of David M. Haghighi, Los
Angeles, California, for Petitioner.
N. Jones (argued), Trial Attorney; Cindy S. Ferrier,
Assistant Director; Office of Immigration Litigation, Civil
Division, United States Department of Justice, Washington,
D.C.; for Respondent.
Before: Stephen Reinhardt and Kim McLane Wardlaw, Circuit
Judges, and Edward R. Korman, [*] District
panel granted a petition for review of the Board of
Immigration Appeals' denial of a motion to reopen removal
proceedings based on changed country conditions concerning
the treatment of Christians in Indonesia.
panel held that the Board improperly evaluated
petitioner's submission of newly available, material
evidence of changed country conditions in Indonesia,
particularly in light of petitioner's conversion to
Catholicism following his 2006 hearing and the change in the
basis of his claim for relief. The panel concluded that the
Board abused its discretion in concluding that
petitioner's new evidence was "cumulative" of
the evidence submitted at the time of the earlier hearing.
panel also held that the Board erred in its analysis of
petitioner's individualized risk of future persecution,
as it failed to consider the evidence relating to that
question in the context of his membership in a disfavored
panel remanded for further proceedings consistent with its
REINHARDT, Circuit Judge.
Salim ("Salim"), a native and citizen of Indonesia,
petitions for review from the Board of Immigration
Appeals' ("BIA") denial of his motion to reopen
his asylum and withholding of removal proceedings. Salim is a
practicing Catholic, and brings his motion to reopen due to
changes in country conditions for Christians in Indonesia
since his initial hearing before an Immigration Judge
("IJ") in 2006. We conclude that the BIA abused its
discretion when it denied Salim's motion to reopen as
untimely. Substantial evidence supports his claim of changed
country conditions, and he has presented sufficient evidence
of individualized risk to establish a prima facie case for
the relief sought. We therefore grant the petition for review
and remand for further proceedings consistent with this
Factual and Procedural Background
arrived in the United States on a tourist visa on January 22,
2001. He and his wife are the parents of two children, ages
six and twelve, both of whom were born in the United States
and are American citizens. Salim has no criminal ...