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asylum
appealasylum

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Zambrano v. Sessions

Facts

Romero Zambrano, a native citizen of Honduras, joined the military and helped local police arrest gang members. After leaving the army, he was targeted by the Barrio Pobres gang, leading him to frequently move to avoid detection. After several unsuccessful attempts to enter the U.S., he finally arrived in 2011. Following his arrest by U.S. immigration authorities in 2014, the gang intensified their search for him, threatening his family and friends. He sought asylum based on these new threats, but his application was denied as untimely.

Romero Zambrano, a native citizen of Honduras, joined the Honduran military after high school and helped local police arrest gang members. After Romero Zambrano left the army, members of the 'Barrio Pobres' from the 18th Street gang tried to track him down to get their revenge. Romero Zambrano moved frequently to avoid detection and tried unsuccessfully to enter the United States five times. He finally managed to enter the United States in August 2011. The gang's search for him continued. In 2012, armed men broke into the apartments of Romero Zambrano's sister and former girlfriend in San Pedro Sula, Honduras, asking about his location. Gang members continued to threaten his friends and family for more than a year after that.

Issue

Whether circumstances that provide additional proof in support of an existing asylum claim can satisfy the 'changed circumstances' exception to the one-year filing deadline.

On appeal, the petitioner raises two issues: (1) whether circumstances that provide additional proof in support of an existing asylum claim can satisfy the 'changed circumstances' exception to the one-year filing deadline; and (2) whether the BIA should have applied de novo review rather than clear error review in evaluating the IJ's determination that the petitioner did not qualify for the changed circumstances exception.

Rule

New facts that provide additional support for a pre-existing asylum claim can constitute a changed circumstance, including circumstances showing an intensification of a preexisting threat of persecution or new instances of persecution of the same kind suffered in the past.

This Court agrees with the logic of the Ninth, Second, and Sixth circuits. New facts that provide additional support for a pre-existing asylum claim can constitute a changed circumstance. These facts may include circumstances that show an intensification of a preexisting threat of persecution or new instances of persecution of the same kind suffered in the past.

Analysis

The court found that the BIA misinterpreted the changed circumstances exception by categorically holding that additional proof of an existing claim did not establish changed circumstances. The court agreed with the logic of other circuits that new facts can constitute changed circumstances, and thus remanded the case to the BIA for further consideration.

The BIA erred when it categorically held that additional proof of an existing claim does not establish changed circumstances. Accordingly, we grant the petition for review, vacate the BIA's order, and remand the case to the BIA for further consideration in light of this opinion.

Conclusion

The court granted the petition for review, vacated the BIA's order, and remanded the case for further consideration.

PETITION FOR REVIEW GRANTED; VACATED AND REMANDED

Who won?

Romero Zambrano prevailed in the case as the court found that the BIA erred in its interpretation of the changed circumstances exception, allowing for the possibility of new evidence to support an asylum claim.

Romero Zambrano prevailed in the case as the court found that the BIA erred in its interpretation of the changed circumstances exception, allowing for the possibility of new evidence to support an asylum claim.

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