The Fourth Circuit has reversed the denial of a motion to reopen filed by a grantee of withholding of removal, when the motion is premised on new instances of persecution that could suffice to toll the one-year filing deadline for asylum. Citing its prior decision in Zambrano, the court noted that “we held that ‘[n]ew facts that provide additional support for a pre-existing asylum claim can constitute a changed circumstance. These facts may include circumstances that show an intensification of a preexisting threat of persecution or new instances of persecution of the same kind suffered in the past.’ Garcia Hernandez contends the September 2018 murder of his brother falls within the type of changed circumstances discussed in Zambrano.”
The full text of Garcia Hernandez v. Garland can be found here: