GARCIA HERNANDEZ v. GARLAND

Holding that, because Petitioner's motion to reopen was filed within 90 days of his removal order, 8 C.F.R § 1003.23(b)(3) rather than § 1003.23(b)(4) applied and the agency should have evaluated whether Petitioner put forth evidence that was material and not previously available at the initial hearing. In addition, Zambrano v. Sessions, 878 F.3d 84 (4th Cir. 2017)'s changed circumstances framework applies even though the purported changed circumstances took place after the time-barred asylum application was filed and adjudicated.

Date of Decision
Published