engage in the central question of whether an overt
act
of
persecution
can
constitute
a
change
in
country conditions on which a motion to reopen may
be
based.
The
BIA’s
cursory
and
dismissive
treatment of this issue is a flagrant abuse of its
discretion given the gravity current thinking has
brought
to
citizenship
the
and
analysis
the
Seventh
of
revocation
Circuit’s
of
recent
criticism of the BIA on this very issue. Haile, 591
F.3d at 574.
3. The BIA provided no reasoning or analysis of
Petitioners’ argument that Kazakhstan revoked
their citizenship on pretexual grounds and that
non-Kazak nationals are regularly persecuted
The BIA’s denial of the Petitioner’s motion to
reopen is two paragraphs in length and contains
only one sentence regarding the central claim that
conditions in Kazakhstan have materially changed:
The
evidence
proffered
with
the
respondents’
present
motion
indicating
that
they
are
no
longer
considered
citizens of Kazkhstan because they failed
to register with the Consulate as required
by law does not reflect changed country
27
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