Petitioners
provided
substantial
evidentiary
support.
VI. ARGUMENT
A. The BIA abused its discretion in its legally
flawed and myopic treatment of Petitioners’
change of country conditions argument
1. The standard of review for a Motion to
Reopen is abuse of discretion
This Court reviews the BIA’s denial of a Motion
to Reopen for abuse of discretion. Kaur v. BIA, 413
F.3d 232 (2d Cir. 2005); Zhao v. DOJ, 265 F.3d 83
(2d Cir. 2001). An abuse of discretion:
may be found in those circumstances where
the Board’s decision provides no rational
explanation,
inexplicably
departs
from
established policies, is devoid of any
reasoning, or contains only summary or
conclusory statements; that is to say,
where the Board has acted in an arbitrary
or capricious manner.
Zhao, 265 F.3d at 93. The Supreme Court has held
that
the
“arbitrary
and
capricious”
standard
is
narrow, and that a court is not to substitute its
judgment
for
that
of
the
agency.
Motor
Vehicle
Mfrs. Ass’n v. State Farm Mut. Auto. Ins. Co., 463
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents