context: When an applicant moves to reopen his case based on worsened country conditions, and introduces previously unavailable reports that materially support his original application, the BIA has a duty to consider these reports and issue a reasoned decision based thereon, whether or not these reports are clearly determinative.
citation_a.signal: see
citation_a.identifier: 230 F.3d 902, 907
citation_a.parenthetical: reversing BIA denial of motion to reopen in part because of BIA's "silence with regard to the U.S. Department of State's Report (1998
citation_a.sentence: See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”).
citation_b.signal: cf.
citation_b.identifier: 68 F.3d 642, 646
citation_b.parenthetical: finding BIA abused its discretion in denying a motion to reopen based on "extreme hardship," where BIA failed to note the "most salient" evidence presented by Blanco
citation_b.sentence: See Yu Zhao v. Gonzales, 404 F.3d 295, 304 (5th Cir.2005) (BIA abused its discretion, and indeed “erred egregiously,” in denying motion to reopen based on Country Reports showing worsened situation in China for Zhao’s religious group); Mansour v. INS, 230 F.3d 902, 907 (7th Cir.2000) (reversing BIA denial of motion to reopen in part because of BIA’s “silence with regard to the U.S. Department of State’s Report (1998) that suggests that the Iraqi government has engaged in abuses against [Mansour’s religious/ethnic group]”); cf. Blanco v. INS, 68 F.3d 642, 646 (2d Cir.1995) (finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco); Yan Chen, 417 F.3d 268 (vacating and remanding denial of asylum for failure to consider country conditions report); Mostafa v. Ashcroft, 395 F.3d 622, 625 (6th Cir.2005) (vacating and remanding denial of Convention Against Torture relief where BIA’s opinion “fail[ed] to give adequate consideration to the country conditions in Iran”).