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BIA ALLOWS REOPENING OF CERTAIN ASYLUM CASES The 1996 changes in the definition of "refugee" under IIRIRA § 601(a)(1) recognize China's one child per couple rule as a form of persecution based on political opinion. In Matter of X-G-W-, Interim Decision 3352 (BIA 1998), the Board of Immigration Appeals (BIA) granted conditional asylum and withholding of deportation for a Chinese national who had violated the rule. The BIA granted asylum based on an untimely motion to reopen; however, the court found that this case represented a situation in which it could reopen the case sua sponte in the interest of justice as allowed in Matter of J-J-, Interim Decision 3323 (BIA 1997); 8 C.F.R. § 3.2(a). Only Board Member Michael J. Heilman dissented, saying that the BIA had no authority to grant the untimely motion to reopen. Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. |
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