CASE: Motion to Reopen
CLIENT: Cameroonian
LOCATION: Memphis, TN
Our client came to the United States from Cameroon without inspection in July 2001. Within a year of his entry, he filed an I-589 Application for Asylum and Withholding of Removal in March 2002 to the USCIS. He was interviewed in April 2002, and his application was subsequently referred to the Memphis Immigration Court in May 2002. His removal proceedings were continued, but he could not appear at his individual hearing in April 2003 due to being hospitalized. Thus, the Court found him removable and ordered him removed in absentia.
Later, in April 2011, he filed a Motion to Reopen with the assistance of his previous immigration counsel. However, this Motion to Reopen was denied by the Court in July 2011. Thereafter, he contacted our office to determine whether he can file a Motion to Reopen again. We explained to him that the only way the Court can reopen his case is based on changed country conditions in Cameroon. Otherwise, our client’s second Motion to Reopen will be considered untimely filed and numerically barred. Our client decided to retain our office on November 22, 2011 for a Motion to Reopen based on changes in country conditions under 8 C.F.R. § 1003.23(b)(4)(i).
We prepared the brief and helped our client with the supporting documents and on March 6, 2012, our office filed a fifteen-page Motion to Reopen with the Memphis Immigration Court, together with a total of 24 exhibits. We included a detailed affidavit regarding his involvement in a political activist group in Cameroon, and several affidavits from his fellow members who confirmed his involvement with the organization. We claimed that the number of arrests and detentions of his political group have recently escalated since his original removal hearing in 2003 resulting in changed country conditions. We also attached a letter from a human rights officer in which he stated that he knew about our client’s political involvement in Cameroon. Other supporting documents such as newspaper articles and a recent country report from Cameroon were submitted (24 exhibits). On March 29, 2012, the DHS filed a Response in Opposition to our Motion. Nevertheless, on May 2, 2012, the Memphis Immigration Court granted our motion and reopened our client’s case. Our client now does not have a final order of removal and will proceed to seek asylum relief with the Immigration Court.
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