Daniel Godoy-Ramirez v. Loretta E. Lynch

MEMORANDUM

Daniel Godoy-Ramirez, a transgender woman who uses the- name Daniella, petitions for review of a Board of Immigration Appeals (BIA) decision affirming the denial of her'applications for asylum,-withholding of removal, and relief under Article 3 of-the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 and grant the petition.

'1. Godoy-Ramirez claims that the immigration judge (IJ) violated her Fifth Amendment Due Process rights by failing to explain the changed circumstances exception to the one-year filing deadline for asylum applications. Though Godoy-Ramirez’s argument to the BIA on this point was underdeveloped, her argument contained “reasoning sufficient to put the BIA on notice that it was called on to decide the issue.” Young v. Holder, 697 F.3d 976, 982 (9th Cir.2012) (en banc); abrogated in part on other grounds by Almanza-Arenas v. Holder, 771 F.3d 1184 (9th Cir.2014), reh’g en banc granted, 785 F.3d 366 (9th Cir.2015). Thus, we find that she exhausted this claim. Reviewing her claim on the merits, we agree that the I J-violated her Due Process rights by failing to provide her with a full and fair hearing. “[T]he IJ must,…