Fakhry v. Mukasey

Aly Ahmed Fakhry, a native and citizen of Senegal, came to the United States on a temporary visa in 1999. Over three years later he applied for asylum based on his membership in a Senegalese political organization. The Immigration Judge ("IJ") denied his application, finding that he failed to qualify for the "changed circumstances" exception to the one-year bar on filing asylum claims, or, in the alternative, that he could reasonably relocate to another part of the country. We conclude that there was error in each of the grounds for denying Fakhrys application for asylum and remand for further proceedings. We affirm the denial of Fakhrys application for withholding of removal and his subsequent motion to reopen.