Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Smith v. Holder, 08-2571

By FindLaw Staff on December 16, 2010 | Last updated on March 21, 2019

Zimbabwean citizen's petition for review of BIA's denial of motion to reopen

Smith v. Holder, 08-2571, A Zimbabwean citizen's petition for review of a BIA's denial of his motion to reopen his removal proceedings is granted and remanded as the BIA committed errors of law in deciding that petitioner had not shown changed country conditions or made a prima facie case for relief, thereby abusing its discretion.


As the court wrote: "In effect, the BIA seems to conclude that Smith had not made a showing of a material change in country condtions primarily because he was not in Zimbabwe to experience the changed conditions that he describes.  This is an untenable construction of the changed country conditions requirement."

Related Link:

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard