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Boika v. Holder
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Boika v. Holder, 727 F.3d 735 (7th Cir. 2013), is a precedent decision by the United States Court of Appeals for the Seventh Circuit addressing an alien's motion to reopen after the Board of Immigration Appeals (BIA) had denied her applications for asylum, withholding of removal, and for relief under the convention against torture. Judge David F. Hamilton wrote the opinion for the three-judge panel which granted the petition for review and remanded the case to the BIA for further proceedings.
Quick Facts Boika v. Holder, Court ...
Boika v. Holder | |
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Court | United States Court of Appeals for the Seventh Circuit |
Full case name | Tatsiana BOIKA..., Petitioners v. Eric H. HOLDER, Jr, Attorney General of the United States, Respondent |
Decided | August 16, 2013 |
Citation | 727 F.3d 735 |
Case history | |
Prior actions | Board of Immigration Appeals affirmed Immigration Judge's denial of asylum. Seventh Circuit denied petition for review in Boika v. Holder, 418 Fed.Appx. 559 (7th Cir. 2011) WL 2199259. The Board denied motion to reopen based on material change in conditions in home country. |
Court membership | |
Judges sitting | David F. Hamilton, Kenneth Francis Ripple, and Ann Claire Williams |
Case opinions | |
The denial of the motion to reopen removal proceeding based on change in country decisions required remand to the Board of Immigration Appeals for its failure to address potentially meritorious evidence. The Board abused its discretion by requiring the alien to show that she would have been personally targeted upon removal. |
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