Ajiboye

Ajiboye v. Mukasey

Good Law
276 F. App'x 580
United States Court of Appeals for the Ninth CircuitApril 30, 2008No. 05-77123California392 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Ade Ajiboye, a native and citizen of Nigeria, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review denials of a motion to reopen for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We grant the petition for review and remand to the BIA for further proceedings.

The BIA abused its discretion in denying Ajiboye’s motion to reopen where its findings demonstrate that it failed to consider all the attached evidence. See Mohammed v. Gonzales, 400 F.3d 785, 792 (9th Cir.2005) (BIA abused its discretion in denying motion by “failing to consider all the attached evidence”).

The BIA found that Ajiboye did not establish changed circumstances in Nigeria that would “direct[ly] impact” him, but he submitted evidence that his brother and father were tortured and killed for their religious conversion, which has direct bearing on his claim of fear of harm due to his own conversion. See Malty v. Ashcroft, 381 F.3d 942, 945-46…

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