Alam

Alam v. Gonzales

Good Law
131 F. App'x 111
United States Court of Appeals for the Ninth CircuitMay 13, 2005No. 03-72648; Agency Nos. A75-513-804, A76-715-273, A76-715-274California355 words

Opinion

Lead Opinion

MEMORANDUM ***

Manirul Alam, along with his wife and minor daughter, natives and citizens of Bangladesh, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen removal proceedings based on changed country conditions. We have jurisdiction under 8 U.S.C. § 1252 . We review for an abuse of discretion the denial of a motion to reopen. de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). We grant the petition for review.

*112 The BIA abused its discretion in denying Alam’s motion to reopen on the basis of changed country conditions. According to the documents Alam provided in his motion to reopen, members of the Awami League are being tortured by the Bangladesh National Party (“BNP”). Alam testified that he was a member of the Jatiyo Party, which, according to the State Department Report, is part of the coalition headed by the Awami League. At his asylum hearing, Alam testified that he was attacked by members of the BNP and the IJ concluded that he established past persecution. The evidence in Alam’s motion to reopen is sufficient to establish prima facie eligibility for asylum and withholding of removal. See Malty v. Ashcroft, 381…

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