The Board of Immigration Appeals (Board) has determined that “reopening of proceedings to terminate a grant of asylum is warranted if the Department of Homeland Security [DHS] has demonstrated that evidence of fraud in the original proceeding was not previously available and is material because, if known, it would likely have opened up lines of inquiry that could call the alien’s eligibility for asylum into doubt.” In the instant case, the DHS moved to reopen to introduce evidence that the asylee’s attorney had been convicted of conspiracy to commit immigration fraud. The Board considered this sufficient to warrant reopening, but noted that “[i]n reopened proceedings, the DHS carries the burden of proof to establish by a preponderance of the evidence that the respondent’s asylum application was fraudulent, that she was not eligible for asylum when it was granted, and that she would not have been eligible on the true facts.”
The full text of Matter of X-Q-L- can be found here: