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Keywords

appealhearingmotiondiscriminationasylumvisa
hearingmotionasylumvisa

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Salim v. Lynch

Facts

Kurniawan Salim, a native of Indonesia, initially arrived in the U.S. on a tourist visa in 2001. He applied for asylum in 2003 due to persecution he faced in Indonesia based on his Chinese ethnicity. His asylum application was denied in 2006, and subsequent appeals were also denied. In 2013, Salim filed a motion to reopen his case, citing significant changes in the conditions for Christians in Indonesia since his last hearing, including increased violence and discrimination. He provided extensive evidence, including personal declarations and reports documenting the situation for Christians in Indonesia.

Kurniawan Salim, a native of Indonesia, initially arrived in the U.S. on a tourist visa in 2001. He applied for asylum in 2003 due to persecution he faced in Indonesia based on his Chinese ethnicity.

Issue

Did the BIA err in denying Salim's motion to reopen his asylum proceedings based on changed country conditions?

Did the BIA err in denying Salim's motion to reopen his asylum proceedings based on changed country conditions?

Rule

A motion to reopen must present evidence that is material and was not available at the previous hearing, particularly when based on changed circumstances in the country of nationality.

A motion to reopen must present evidence that is material and was not available at the previous hearing, particularly when based on changed circumstances in the country of nationality.

Analysis

The court determined that the BIA had erred in concluding that Salim's motion was 'cumulative' of previous evidence. The evidence presented by Salim demonstrated a significant change in country conditions for Christians in Indonesia, which warranted a reopening of his case. The court emphasized that the BIA failed to properly consider the evidence in light of Salim's conversion to Christianity and the specific risks he faced as a member of a disfavored group.

The court determined that the BIA had erred in concluding that Salim's motion was 'cumulative' of previous evidence.

Conclusion

The Ninth Circuit granted Salim's petition for review, concluding that the BIA abused its discretion in denying the motion to reopen and remanded the case for further proceedings.

The Ninth Circuit granted Salim's petition for review, concluding that the BIA abused its discretion in denying the motion to reopen and remanded the case for further proceedings.

Who won?

Kurniawan Salim prevailed in the case because the court found that the BIA had committed legal and factual errors in its assessment of his motion to reopen.

Kurniawan Salim prevailed in the case because the court found that the BIA had committed legal and factual errors in its assessment of his motion to reopen.

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