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appealhearingmotionleaseasylumliens
appealhearingmotionleaseasylumliens

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Kebe v. Gonzales

Facts

Kebe, who is of Oromo ethnicity, has been a supporter of the OLF since the 1990's. The OLF is an opposition organization that supports Oromo nationalism and has been attempting to wage an armed struggle against the coalition that controls the Ethiopian government, the Ethiopian People's Revolutionary Democratic Front (EPRDF), which is dominated by the Tigrayan ethnic group. Kebe's support for the OLF caused him to suffer serious mistreatment at the hands of the government. He was arrested in December 1998, held for twenty-four hours, and interrogated about his OLF ties. After his release, he was told to report to the police once a week. Kebe complied for several months but then stopped because the requirement was preventing him from running his business. After he stopped reporting, the authorities arrested him a second time in December 1999. This time authorities imprisoned him for two months, beat him with rubber truncheons, dragged him across the floor with his hands bound, and stuffed a sock in his mouth so he could not scream. The authorities again questioned him about his OLF affiliation and also about why he stopped reporting to the police. After being released from this second imprisonment, Kebe and his wife fled to Kenya in the summer of 2000 and then came to the United States in September of that year because Kenya does not grant asylum to Ethiopians.

Kebe, who is of Oromo ethnicity, has been a supporter of the OLF since the 1990's. The OLF is an opposition organization that supports Oromo nationalism and has been attempting to wage an armed struggle against the coalition that controls the Ethiopian government, the Ethiopian People's Revolutionary Democratic Front (EPRDF), which is dominated by the Tigrayan ethnic group. Kebe's support for the OLF caused him to suffer serious mistreatment at the hands of the government. He was arrested in December 1998, held for twenty-four hours, and interrogated about his OLF ties. After his release, he was told to report to the police once a week. Kebe complied for several months but then stopped because the requirement was preventing him from running his business. After he stopped reporting, the authorities arrested him a second time in December 1999. This time authorities imprisoned him for two months, beat him with rubber truncheons, dragged him across the floor with his hands bound, and stuffed a sock in his mouth so he could not scream. The authorities again questioned him about his OLF affiliation and also about why he stopped reporting to the police. After being released from this second imprisonment, Kebe and his wife fled to Kenya in the summer of 2000 and then came to the United States in September of that year because Kenya does not grant asylum to Ethiopians.

Issue

Did the BIA err in denying Kebe's motion to reopen his asylum claim based on changed country conditions without discussing the new evidence presented?

Did the BIA err in denying Kebe's motion to reopen his asylum claim based on changed country conditions without discussing the new evidence presented?

Rule

A motion to reopen may be granted if the applicant presents material evidence of changed country conditions that was unavailable at the time of his previous hearing. The BIA must consider the issues raised and announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted.

A motion to reopen may be granted if the applicant presents material evidence of changed country conditions that was unavailable at the time of his previous hearing. The BIA must consider the issues raised and announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted.

Analysis

On appeal, Kebe's sole contention is that the BIA erred by rejecting his claim of changed country conditions since 2005 without discussing any of the new evidence which, he says, shows that conditions have worsened since the BIA's initial decision rejecting his asylum claim in 2004. The BIA's denial of Kebe's motion based on changed country conditions did not discuss or analyze any of Kebe's evidence suggesting that both before and after the elections in 2005 the Ethiopian government launched increased repression of opposition groups compared to the situation in 2004. Although the BIA might have offered reasons for rejecting the evidence of changed conditions, the absence of any articulated reasons in the BIA's decision constitutes an abuse of discretion and requires a remand.

On appeal, Kebe's sole contention is that the BIA erred by rejecting his claim of changed country conditions since 2005 without discussing any of the new evidence which, he says, shows that conditions have worsened since the BIA's initial decision rejecting his asylum claim in 2004. The BIA's denial of Kebe's motion based on changed country conditions did not discuss or analyze any of Kebe's evidence suggesting that both before and after the elections in 2005 the Ethiopian government launched increased repression of opposition groups compared to the situation in 2004. Although the BIA might have offered reasons for rejecting the evidence of changed conditions, the absence of any articulated reasons in the BIA's decision constitutes an abuse of discretion and requires a remand.

Conclusion

The court granted the aliens' petition and remanded for further proceedings.

The court granted the aliens' petition and remanded for further proceedings.

Who won?

Kebe and his wife prevailed in the case because the court found that the BIA had abused its discretion by failing to consider the new evidence of changed country conditions in Ethiopia.

Kebe and his wife prevailed in the case because the court found that the BIA had abused its discretion by failing to consider the new evidence of changed country conditions in Ethiopia.

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