Daniel O. Oyeniran v. Eric H. Holder, Jr.

facts and legal consequences regarding past incidents of government-sponsored violence against Oyeniran’s family due to his father’s activities supporting Christianity over Islam. We also conclude that the BIA abused its discretion by denying Oyeniran’s motion to reopen to consider the signifi- cant new evidence of a Nigerian arrest warrant that charges Oyeniran personally with inciting opposition to Sharia law. On remand, the BIA should consider all the new evidence, including Oyeniran’s voluntary trip to visit his sick mother; however, the BIA’s prior findings of fact constitute a baseline on which the BIA evaluates Oyeniran’s current CAT applica- tion to determine whether it is more likely or not that he will be tortured if removed to Nigeria. We grant Oyeniran’s peti- tions and remand for further proceedings consistent with this opinion.

I. Background

Oyeniran is a native and citizen of Nigeria. According to the United States Department of State’s Country Reports on 1 We appointed pro bono counsel to represent Oyeniran in these consoli- dated proceedings. We thank Philip Bartz for his able assistance and sub- stantial effort in that regard. 4638 …