Hamoui

Safouh Hamoui brings before us a petition for review of an order of the Board of Immigration Appeals (“BIA”), as well as an appeal from the district court. 1 The petition for review is determinative here. The BIA denied as untimely Hamoui’s motion to reopen his deportation proceedings to present a claim for relief under the Convention Against Torture. 2 The BIA *824 further held that ineffective assistance of counsel did not excuse the untimeliness because there was no prejudice: the evidence already of record and Hamoui’s additional showing did not establish that he would be tortured if deported to Syria. We conclude that the Board abused its discretion in denying Hamoui’s petition because it both applied the wrong standard and inappropriately based its denial of relief on evidence and findings in Hamoui’s 1997 asylum hearing. Hamoui’s showing presents a prima facie case for relief. We therefore grant the petition for review, reverse the BIA’s decision, and remand to the BIA with instructions to afford Ham-oui a full evidentiary hearing on his claim under the Convention Against Torture.

Hamoui also filed a petition for habeas corpus in district court to stay his deportation,…