R-R

Citations

• 20 I. & N. Dec. 547

Syllabus

R-R-, 20 I&N Dec. 547 (BIA 1992) ID 3182 (PDF) (1) An alien seekingreopening of proceedings based on his failure to request asylum beforethe completion of deportation proceedings must meet the general motionrequirements, as well as reasonably explain the failure to timely filean asylum application. (2) The Board of ImmigrationAppeals withdraws from Matter of Jean, 17 I&N Dec. 100 (BIA 1979),to the extent that it suggests that an alien who has failed to timelyfile an application for asylum need only demonstrate excusable neglectfor the failure to file in order to obtain the reopening of proceedings.Matter of Jean, supra, modified. (3) The respondent failedto demonstrate prima facie eligibility for asylum based on his refusalto serve in the Nicaraguan military. (4) The Board takes administrativenotice that the Sandinista Party no longer controls the Nicaraguan Government.