Garcia Hernandez v. Garland

Holding the IJ and the BIA failed to apply the correct standard of review because § 1003.23(b)(3) rather than § 1003.23(b)(4) applied to Hernandez’s motion to reopen. The BIA should have evaluated whether evidence that was material and not previously available at the initial hearing was presented by Hernandez as required under 8 C.F.R. § 1003.23(b)(3). In addition, contrary to what the BIA implied, nothing in Zambrano suggested a time bar limitation for filing a petition for changed circumstances.

 

Date of Decision
Published