Adnan Bushati v. Eric Holder, Jr.
458 F. App'x 457
6th Cir.2012Background
- Petitioners Bushati family, Albanian nationals, sought asylum, withholding of removal, and CAT protection after DHS notice in 2004.
- IJ denied asylum as untimely and withholding/CAT as not credible or sufficiently proved; BIA affirmed in 2008; this court denied review (2009).
- Petitioners moved to reopen on Sept. 17, 2009, alleging changed country conditions in Albania, submitting articles, a sister-in-law declaration, Fischer affidavit, and new asylum applications.
- BIA denied reopening, finding evidence largely available in 2006 and not demonstrating a material change; the initial credibility finding remained unresolved.
- Governing statute allows a change-condition motion to reopen if material, unavailable evidence exists; court holds no abuse of discretion where evidence fails to show change since 2006 and credibility issues persist.
- Court summarizes that while some post-2006 information existed, it does not establish changed conditions warranting reopening, and Bushati’s party remained in power, undermining the argument.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BIA abused discretion denying the motion to reopen. | Bushati contends evidence shows changed conditions. | Bushati's evidence largely available previously; no material change. | No abuse; denial sustained. |
| Whether submitted evidence demonstrates a material change not previously available. | Bushati argues new articles and Fischer statements show change. | Evidence largely reflects ongoing issues; not a change since 2006. | Not shown; no material change. |
| Whether credibility findings foreclose a materiality finding. | N/A (focus on changed conditions). | IJ’s initial adverse credibility remains unresolved for reopening. | Credibility issue persists; evidence not material. |
Key Cases Cited
- Bi Feng Liu v. Holder, 560 F.3d 485 (6th Cir. 2009) (changed-country-conditions evidence must be material and unavailable)
- Matter of S-Y-G, 24 I. & N. Dec. 247 (BIA 2007) (changed-conditions framework for reopening)
- Harchenko v. INS, 379 F.3d 405 (6th Cir. 2004) (speculative fear insufficient to support reopening)
- Sako v. Gonzales, 434 F.3d 857 (6th Cir. 2006) (credibility ruling affects materiality of reopened evidence)
- In re Coelho, 20 I. & N. Dec. 464 (BIA 1992) (evidence cannot change outcome if credibility defeats it)
- Denko v. INS, 351 F.3d 717 (6th Cir. 2003) (abuse-of-discretion standard for motion to reopen)