Not Precedential
Not Precedential
Not Precedential
the [BIA] dismissed [his] appeal, there has been a substantial increase in the persecution
of Christians by Muslim fundamentalists in Indonesia. A.R. at 17. Sanger appended to
his motion State Department reports from 2009 and 2010, a Human Rights Watch report
from 2011, and a handful of news articles. In addition, Sanger contended that the IJs
adverse credibility determination was the result of the ineffective assistance of counsel.
A.R. at 29.
The BIA denied Sangers motion to reopen. It observed that Sanger submitted
reports prepared by the United States Department of State, an international human rights
group, and news articles. A.R. at 2. Regarding the evidence, the BIA determined that,
while [it] indicates some problems for Christians in Indonesia, it is generalized and does
not establish this respondents prima facie eligibility for relief from removal. A.R. at 2.
And regarding Sangers attempt to re-raise his ineffective assistance claim, the BIA noted
that [t]his claim was fully considered and rejected in our [previous] decision . . . . A.R.
at 2. Finally, the BIA declined to reopen sua sponte. This petition for review followed.1
Sanger purports to raise two separate claims for our review: the BIAs decision is
so cursory that it constitutes (1) an abuse of discretion, and (2) a violation of Sangers
We have jurisdiction under 8 U.S.C. 1252. Kucana v. Holder, --- U.S. ---, 130
S. Ct. 827, 840 (2010).
3
constitutional due process rights. The Government appropriately characterizes the two
claims as effectively one and the same.2
The petition for review will be denied. While Sanger takes issue with the depth of
treatment given to his motion to reopen, the content of the BIAs decision is both
responsive to the motion and sufficient for this Court to conduct meaningful review.
Sanger unpersuasively relies on Zheng v. Attorney General, 549 F.3d 260 (3d Cir. 2008),
to advance a contrary conclusion.
In Zheng, we recognized 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. Id. at 268 (citation omitted). We granted Zhengs petition
for review because the BIA did little more than quote passages from [an] earlier decision
. . . without identifying - let alone discussing - the various statements contained in the
record before it that Zheng submitted in support of his motion to reopen. Id. Yet we
made clear that the BIA is not required to expressly parse or refute on the record each
individual argument or piece of evidence offered by the petitioner . . . . Id. (citation
We review for abuse of discretion the BIAs denial of a motion to reopen. See
Pllumi v. Atty Gen., 642 F.3d 155, 158 (3d Cir. 2011). We give the BIAs decision
broad deference and generally do not disturb it unless it is arbitrary, irrational, or
contrary to law. Id. (citation omitted). Constitutional claims, however, are reviewed de
novo. See Garcia v. Atty Gen., 665 F.3d 496, 502 (3d Cir. 2011).
4
omitted). Rather, the BIA is only required to actually consider the evidence and
argument that a party presents. Id. at 266. (citation omitted).
Here, the BIA identified the evidence submitted by Sanger in support of his
motion to reopen, summarized that evidence, determined that none of the evidence
referenced Sanger specifically, and concluded that the evidence was insufficient to show
prima facie eligibility for asylum relief.3 The BIA did not run afoul of Zheng.4 See also
Kamara v. Atty Gen., 420 F.3d 202, 212 (3d Cir. 2005) ([A]n agency need only set
forth the basis of its administrative action with such clarity as to be understandable; it
need not provide a detailed statement of its reasoning and conclusions.) (internal
quotation marks omitted).
Relatedly, we conclude that Sangers due process rights were not compromised
during reopening. We find it telling that Sangers brief devotes only one sentence to
describing how the alleged due process violation adversely altered the course of his
motion to reopen. Thus, we have little trouble concluding that Sanger has not made an
The BIAs decision is arguably not as thorough as the one at issue in Liu v.
Attorney General, 555 F.3d 145 (3d Cir. 2009), which provided an example of the type
of findings that are sufficient under Zheng. Id. at 149. But the BIAs decision in Liu
was, again, only an example of what is sufficient, not of what is required.
4
Sangers reliance on Gebreeyesus v. Gonzales, 482 F.3d 952 (7th Cir. 2007), is
also misplaced. In that case, the petition for review was granted because, inter alia, the
BIA gave no reasoned explanation for its finding that [the alien] had not provided
evidence of changed country conditions. Id. at 955. Here, by contrast, the BIAs
consideration of, and reasons for rejecting, Sangers motion are readily apparent from the
written decision.
5
initial showing of substantial prejudice, Leslie v. Attorney General, 611 F.3d 171, 175
(3d Cir. 2010) (citation and internal quotations omitted), which is generally required to
maintain a due process claim.
For the reasons given in this opinion, we will deny Sangers petition for review.