Summary
The Second Circuit denied review of the BIA’s denial of a motion to reopen, holding that a change in the political party in power does not alone establish a material change in country conditions to excuse the time and number bars. The court found that the petitioner’s evidence of corruption, protests, and political tensions did not show conditions were materially worse than at the time of her 2006 hearing. Additionally, an expert affidavit describing isolated incidents of corruption and instability failed to establish a prima facie case of a pattern or practice of persecution or that the petitioner would be singled out for persecution.
Topics
Practice areas
Questions Presented
- Whether the BIA abused its discretion in denying Ndoci's motion to reopen as untimely and numerically barred
- Whether Ndoci demonstrated a material change in country conditions or prima facie eligibility for asylum
Holdings
- The BIA did not abuse its discretion in denying the motion to reopen because Ndoci failed to establish a material change in country conditions or prima facie eligibility for asylum.
Key quotations
“In determining whether evidence accompanying a motion to reopen demonstrates a material change in country conditions that would justify reopening, [the agency] compare[s] the evidence of country conditions submitted with the motion to those that existed at the time of the merits hearing below.” (at 3)
“The evidence Ndoci submitted in support of reopening reflects similar circumstances or positive changes even after the Socialist Party regained control in 2013.” (at 4)
“Because the record supports the BIA’s conclusion that Ndoci failed to demonstrate either a material worsening of conditions for similarly situated people in Albania as needed to excuse the time and number limitations or her prima facie eligibility for relief, the BIA did not abuse its discretion in denying her motion to reopen.” (at 5)
Factual background
Ndoci, a native and citizen of Albania, was ordered removed. She filed a second motion to reopen more than a decade later, based on fear of future persecution due to the Socialist Party regaining control of the Albanian government. She submitted evidence of government corruption, political protests, and tensions. The BIA found that the evidence did not demonstrate a material change in country conditions compared to the time of her 2006 hearing, and that her affidavit failed to establish prima facie eligibility for asylum.
Procedural history
The BIA denied Ndoci's motion to reopen as time- and number-barred, and Ndoci petitioned for review to the Second Circuit.