18-1440-ag Tanusantoso v. Barr 1 In the 2 United States Court of Appeals 3 For the Second Circuit 4 ________ 5 6 AUGUST TERM, 2019 7 8 ARGUED: MARCH 31, 2020 9 DECIDED: JUNE 23, 2020 10 11 No. 18-1440-ag 12 13 HARMANTO TANUSANTOSO, WIWIK WIDAYATI, 14 Petitioners, 15 16 v. 17 18 WILLIAM P. BARR, United States Attorney General, 19 Respondent. 20 ________ 21 22 On Petition for Review of a Final Order 23 of the Board of Immigration Appeals. 24 ________ 25 26 Before: WALKER, CABRANES and SACK, Circuit Judges. 27 28 ________ 29 Harmanto Tanusantoso and Wiwik Widayati (collectively, Petitioners) 30 petitioned for review after the Board of Immigration Appeals (BIA) denied their 31 third motion to reopen, in which they alleged a change of country conditions for 32 Christians in Indonesia. Petitioners argue that the BIA abused its discretion in 2 No. 18-1440-ag 1 denying their motion to reopen because it (1) failed to address their primary 2 evidence of changed country conditions and (2) incorrectly concluded that their 3 failure to submit a new asylum application with their motion made the motion 4 procedurally deficient under 8 C.F.R. § 1003.2(c)(1). We agree with Petitioners. 5 We find that the BIA’s one-and-a-half-page order failed to account for relevant 6 evidence of changed country conditions, and we hold that § 1003.2(c)(1) does not 7 require the submission of a new asylum application for motions such as this one. 8 We therefore GRANT the petition for review, VACATE the BIA’s decision, and 9 REMAND for explicit consideration of Petitioners’ changed country conditions 10 evidence. 11 ________ 12 WILLIAM W. CASTILLO GUARDADO (Dan R. Smulian, on the brief), 13 Catholic Charities Community Services, New York, NY, for 14 Petitioners. 15 ROBERT DALE TENNYSON, JR., Trial Attorney (Joseph H. Hunt, 16 Assistant Attorney General; Benjamin J. Zeitlin, Trial Attorney; 17 Nancy E. Friedman, Senior Litigation Counsel, on the brief), 18 Office of Immigration Litigation, United States Department of 19 Justice, Washington, D.C., for Respondent. 20 ________ 21 JOHN M. WALKER, JR., Circuit Judge: 22 Harmanto Tanusantoso and Wiwik Widayati (collectively, Petitioners) 23 petitioned for review after the Board of Immigration Appeals (BIA) denied their 24 third motion to reopen, in which they alleged a change of country conditions for 3 No. 18-1440-ag 1 Christians in Indonesia. Petitioners argue that the BIA abused its discretion in 2 denying their motion to reopen because it (1) failed to address their primary 3 evidence of changed country conditions and (2) incorrectly concluded that their 4 failure to submit a new asylum application with their motion made the motion 5 procedurally deficient under 8 C.F.R. § 1003.2(c)(1). We agree with Petitioners. 6 We find that the BIA’s one-and-a-half-page order failed to account for relevant 7 evidence of changed country conditions and hold that § 1003.2(c)(1) does not 8 require the submission of a new asylum application for motions such as this one. 9 We therefore GRANT the petition for review, VACATE the BIA’s decision, ...
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