Luis Alberto Chuquillanqi-Vasq v. Eric H. Holder Jr.

Petitioner, Luis Alberto ChuquillanqiVasquez, a native and citizen of Peru, petitions for review of a final removal order issued by the Board of Immigration Appeals (“BIA”). Petitioner contends that the BIA’s decision denying his asylum application is not supported by substantial evidence. He also argues that the Immigration Judge (“IJ”) abused her discretion by failing to consider his proffered new evidence on remand, and the BIA erred by failing to consider this evidence on appeal. Because we conclude that the Immigration Judge erred as a matter of law when she ruled that the BIA’s remand order barred her from considering the new evidence, we therefore GRANT the petition in part and remand so the IJ may reconsider Petitioner’s new evidence. Accordingly, we do not address the merits of Petitioner’s asylum and other claims. In the event Petitioner does not prevail on remand, he can ultimately raise these claims in a new petition.

Background

On October 31, 2002, after an evidentiary hearing, the IJ found Petitioner removable but granted his application for asylum. On August 30, 2004, the BIA vacated the IJ’s decision and ordered Petitioner removed to Peru. Petitioner appealed the…