Indradjaja v. Holder, No. 12-1336 (2d Cir. 2013)
Annotate this CasePetitioner, a citizen and native of Indonesia, sought review of the BIA's denial of her motion to reopen proceedings in her immigration case. Petitioner applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) claiming persecution on account of her ethnicity and religion. The BIA rejected petitioner's evidentiary submissions because she had not submitted a sworn statement in support of her motion and because her expert witness had not provided copies of the sources on which he relied. The court concluded that the BIA acted arbitrarily and capriciously in attaching consequences to these previously unarticulated requirements in petitioner's case and, therefore, granted the petition for review.
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