Lili Chen v. Loretta Lynch

MEMORANDUM

Petitioner Lili Chen (“Chen”) petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her untimely motion to reopen her asylum case based on changed country conditions. We have jurisdiction over this matter pursuant to 8 U.S.C. § 1252 . We review the BIA’s denial of Chen’s motion to reopen for abuse of discretion. Go v. Holder, 744 F.3d 604, 609 (9th Cir. 2014). We grant the petition and remand for further proceedings.

“The BIA abuses its discretion when it fails to ‘consider and address in its entirety the evidence submitted by a petitioner’ and to ‘issue a decision that fully explains the reasons for denying a motion to reopen.’ ” Franco-Rosendo v. Gonzales, 454 F.3d 965, 966 (9th Cir. 2006) (quoting Mohammed v. Gonzales, 400 F.8d 785, 792-93 (9th Cir. 2005)). While the BIA “need not expressly refute on the record every single piece of evidence” presented, Feng Gui Lin v. Holder, 588 F.3d 981, 987 (9th Cir. 2009), the BIA errs when it wholly fails to exercise its discretion to consider evidence, Garcia v. Holder, 621 F.3d 906, 913 (9th Cir. 2010).

The BIA concluded that Chen failed to demonstrate materially changed country conditions, as…