Agonafer v. Sessions
9th Cir,; 13-73122 The court of appeals granted a petition for review of a decision of the Board of Immigration Appeals. The court held that the board…
June 23, 2017 at 07:22 PM
5 minute read
9th Cir,;
13-73122
The court of appeals granted a petition for review of a decision of the Board of Immigration Appeals. The court held that the board abused its discretion by disregarding or discrediting undisputed new evidence submitted in support of a motion to reopen removal proceedings.
Daniel Agonafer came to the U.S. from Ethiopia as a student in 1980 and became a lawful permanent resident in 1990. A series of criminal convictions rendered him subject to removal. Agonafer's application for protection under the Convention Against Torture (CAT), based on the alleged persecution of homosexuals in Ethiopia, was denied in 2007. In 2013, Agonafer filed an untimely motion to reopen with the BIA, claiming that changed country conditions in Ethiopia should excuse his untimely filing and allow him to reapply for deferral of removal under the CAT. Agonafer attached to the motion fifteen documents relating to the treatment of homosexual persons in Ethiopia from the period between 2007 and 2013.
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