Case Details
- Status
- Published
- Procedural Posture
- BIA review of Immigration Judge decision on motion to reopen removal proceedings
Related Laws
No specific laws identified for this ruling.
Outcome
BIA held that reopening of removal proceedings is warranted where government presents new evidence relevant to torture risk, and that collateral estoppel does not prevent reevaluation of credibility in light of additional evidence under 8 C.F.R. § 1208.17(d)(3).
Excerpt
C-C-I-, 26 I&N Dec. 375 (BIA 2014) ID 3810 (PDF) (1) Reopening of removal proceedings for a de novo hearing to consider termination of an alien's deferral of removal pursuant to 8 C.F.R. § 1208.17(d)(1) (2014), is warranted where the Government presents evidence that was not considered at the previous hearing if it is relevant to the possibility that the alien will be tortured in the country to which removal has been deferred. (2) The doctrine of collateral estoppel does not prevent an Immigration Judge from reevaluating an alien's credibility in light of additional evidence presented at a hearing under 8 C.F.R. § 1208.17(d)(3).
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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