UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1616 FRIDA EPOSI SANGI, Petitioner, v. MATTHEW G. WHITAKER, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: November 29, 2018 Decided: December 21, 2018 Before KING and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied in part, granted in part, and remanded by unpublished per curiam opinion. Alex G. Isbell, SOLOW, ISBELL & PALLADINO, LLC, Philadelphia, Pennsylvania, for Petitioner. Joseph H. Hunt, Assistant Attorney General, Melissa Neiman-Kelting, Assistant Director, Melissa K. Lott, Trial Attorney, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Frida Eposi Sangi, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals denying Sangi’s second motion to reopen her removal proceedings. We deny the petition for review in part, grant the petition in part, and remand this matter to the Board for further proceedings consistent with this opinion. On September 21, 2004, the Board dismissed Sangi’s appeal from the immigration judge’s order finding her removable and denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture. Sangi’s applications were based on her claimed past persecution, and well-founded fear of future persecution, on account of her membership in the particular social group of Anglophone Cameroonians involved with the Southern Cameroons National Council (SCNC) and, relatedly, her pro-SCNC political opinion. The immigration judge ruled that Sangi failed to proffer sufficient evidence to corroborate her membership in the SCNC, which was at the cornerstone of her claims for relief from removal. The Board affirmed this ruling on appeal and, shortly thereafter, denied Sangi’s first motion to reopen. In December 2017, Sangi filed the underlying motion to reopen with the Board, alleging that a material change in conditions in Cameroon affecting members of her proffered social group warranted granting the untimely and number-barred motion to reopen. See 8 U.S.C. § 1229a(c)(7)(C)(ii) (2012); accord 8 C.F.R. § 1003.2(c)(3)(ii) (2018). Sangi also claimed that conditions in Cameroon had deteriorated to such a degree that, in addition to her fears of being individually persecuted if returned, she had a well-founded fear of future persecution on account of being an Anglophone. Thus, 2 Sangi’s future persecution claim was based not only on her personal circumstances, but also a “pattern or practice” theory. See 8 C.F.R. § 1208.13(b)(2)(iii) (2018). The Board denied the motion as untimely and numerically barred, finding that Sangi did not satisfy the changed country conditions exception to the governing regulations. The Board did not consider Sangi’s evidence in terms of a “pattern or practice” claim. An alien may file one motion to reopen within 90 days of the entry of a final order of removal. 8 U.S.C. § 1229a(c)(7)(A), (C) (2012); 8 C.F.R. § 1003.2(c)(2) (2018). This time limit does not apply if the basis for the motion is to ...
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