Seving

Seving v. Ashcroft

Good Law
85 F. App'x 620
United States Court of Appeals for the Ninth CircuitJanuary 15, 2004No. 02-73355; Agency No. A71-572-916California1,323 words

Opinion

Lead Opinion

MEMORANDUM **

Ismail Seving (“Seving”), 1 a native and citizen of Afghanistan, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) denying her motion to reopen exclusion proceedings. The BIA denied the motion, finding that Seving had not shown changed country conditions under its regulations. We have jurisdiction pursuant to former 8 U.S.C. § 1105a, and the transitional rules set forth in section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009 (1996), as amended by the Act of October 11, 1996, Pub.L. No. 104-302, 110 Stat. 3656. We grant the petition and remand for further proceedings.

Background

Seving fled Afghanistan in 1993 after much of her family was killed as a result of the widespread violence in the country at that time. Because she attempted to enter this country on a false passport, she was placed in exclusion proceedings. At her exclusion hearing, Seving raised an asylum claim based on her father’s political connections to Afghanistan’s pro-Soviet communist government of the early 1990s. The immigration judge denied her claim in September 1993. Seving appealed to the…

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