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Smith v. Holder, 08-2571

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By FindLaw Staff on December 16, 2010 3:59 PM

Zimbabwean citizen's petition for review of BIA's denial of motion to reopen

Smith v. Holder, 08-2571, A Zimbabwean citizen's petition for review of a BIA's denial of his motion to reopen his removal proceedings is granted and remanded as the BIA committed errors of law in deciding that petitioner had not shown changed country conditions or made a prima facie case for relief, thereby abusing its discretion.


As the court wrote: "In effect, the BIA seems to conclude that Smith had not made a showing of a material change in country condtions primarily because he was not in Zimbabwe to experience the changed conditions that he describes.  This is an untenable construction of the changed country conditions requirement."

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