Document: USA Board of Immigration Reopens Ibrahim Appeal for Asylum

Decision of the Board of Immigration Appeals

Department of Justice

Executive Office for Immigration Appeal

Falls Church, Virginia 22041

Date: FEB 2, 2007

In Re: SALAHEDDIN MAHD IBRAHIM
FATEN SALAHEDDIN IBRAHIM
MARYAM SALAHEDDIN IBRAHIM
RODAINA SALAHEDDIN IBRAHIM
HAMZEH SALAHEDDIN IBRAHIM
HANAN SALAHEDDIN IBRAHIM

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENTS: John Wheat Gibson, Esq.

ORDER:

PER CURIAM. The respondents are a family of Palestinians who entered the United States on September 25, 2001, and were ultimately placed in removal proceedings as overstays. On January 15, 2003, the immigration judge denied the respondents’ request for release from removal. Thereafter, the Immigration Judge denied the respondents’ motion to reopen, and on August 24, 2004, we summarily affirmed. In 2005 we denied a motion to reopen. On November 13, 2006 the respondents filed another motion to reopen, and a request for a stay, alleging that they have a well-founded fear of future persecution and a fear of torture based on changed country conditions in the occupied territories of Israel.
The time and number limitations do not apply to a motion to reopen based on changed country conditions. [Citation not transcribed here.]

It is clear that conditions have changed in the occupied territories of Israel since the Immigration Judge’s hearing. The respondents have presented sufficient evidence that Hamas now controls the occupied territories and that the Hamas are considered a terrorist organization by the United States. Further, the respondents have presented a number of affidavits of individuals who were threatened, extorted, or harmed while visiting the occupied territories, because these individuals had connections with the United States, and Hamas believes that these individuals should support Hamas financially because they are Palestinians with connections to funds in the United States.

[page two]

The respondents have submitted sufficient evidence of changed country conditions that are material to their claim of torture and request for protection under the Conventions Against Torture. Further the respondents have shown changed country conditions that may be material to their claim for asylum. Given the clear change in country conditions, as well as material evidence regarding the respondents’ claims for protection under the Convention Against Torture and asylum, the motion to reopen will be granted and the record remanded for further proceedings in accordance with this decision.1

Signature FOR THE BOARD

1 Since we are granting the motion to reopen and remanding for further proceedings, our November 21, 2006, decision denying the request for stay is moot.