Boika v. Holder, 727 F.3d 735 (7th Cir. 2013)

Outcome

  • Remanded back to the BIA

An interesting case that concerns the issue of whether an individual against whom an immigration judge issued a negative credibility finding is precluded from making a successful argument of material change in country conditions, which would justify a second look at the existence of a well-founded fear of persecution on account of political activities that took place in the period after the immigration judge order as well on the fact of significantly increased persecution of the similarly situated individuals in the country of origin, in this case Belarus.

Case