Barthold

Barthold v. Holder

Good Law
346 F. App'x 227
United States Court of Appeals for the Ninth CircuitSeptember 24, 2009Nos. 05-73070, 06-74756California883 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Jeanne Barthold raises two appeals. First, she challenges an order of the Board of Immigration Appeals (“BIA”) affirming the denial of her applications for asylum, withholding of removal, and relief *229 under the Convention Against Torture (“CAT”) (“2005 Order”). Second, she challenges an order of the BIA denying her motion to reopen proceedings (“2006 Order”). We deny Barthold’s petition for review of the 2005 Order, because the Immigration Judge’s (“IJ’s”) determination that Barthold lacked credibility was supported by substantial evidence. We grant Barthold’s petition for review of the 2006 Order, because the BIA abused its discretion in holding that Barthold failed to present evidence of materially changed country conditions.

I

Barthold testified before the IJ that while in Haiti, she had been harassed, beaten, and raped due to her support of former Haitian President Jean-Bertrand Aristide. She further testified that after the attack, she went into hiding with her friend Nancy for almost five years in Portau-Prince, until she was placed on a boat to the United States in July 1996. The IJ denied all of Barthold’s claims in 2003, holding that her…

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