Holding that the BIA and IJ are "obligated to consider also any contrary or countervailing evidence with which [they are] presented, as well as the particular circumstances of the applicant's case demonstrated by testimony and other evidence"
Holding that the BIA has “a duty to explicitly consider any country conditions evidence submitted by an applicant that materially bears on his claim,” and a “similar, if not greater, duty arises in the context of motions to reopen based on changed country conditions”
8 U.S.C. § 1101 Cited 16,700 times 91 Legal Analyses
Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status