Is a change in personal circumstances relevant to a motion to reopen a criminal case?

MultiRegion, United States of America

The following excerpt is from Kaur v. Garland, 2 F.4th 823 (9th Cir. 2021):

3 A recent case, Rodriguez v. Garland , 990 F.3d 1205 (9th Cir. 2021), applied Chandra , stating that "while changes in personal circumstances may be relevant to a motion to reopen based on changed country conditions, a petitioner cannot succeed on such a motion that relies solely on a change in personal circumstances, " id. at 1210 (quoting Chandra, 751 F.3d at 1037 ). Interpreting the rule established in Chandra , Rodriguez emphasized the regulatory language "requir[ing] that a motion to reopen be based on changed circumstances arising in the country of nationality." Id. (quoting Chandra , 751 F.3d at 1036 ). In Rodriguez , the only change in personal circumstances the petitioner could point to was his decision to become a government informant within the United States. See id. at 1207, 120910. Rodriguez , like Chandra , thus did not address a situation in which the circumstances that changed, although personal, did occur "in the country of nationality" and were beyond the control of the petitioner.

Other Questions


What are some cases where the US Supreme Court has ruled in favour of a motion for a motion to dismiss a motion that would have prevented the use of the word "brawer" in the context of the Brawer case? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
Can a motion seeking relief in a motion for relief against a defendant in a criminal case be considered a declaration of rights rather than interference with the criminal process? (MultiRegion, United States of America)
Is there any case law or case law supporting a motion for a change of venue? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
In what circumstances will the Supreme Court dismiss a motion to appoint counsel in a personal injury case where there is no prior decree in effect and there are no allegations of noncompliance? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion for contempt of court when there are circumstances that would otherwise result in a miscarriage of justice? (MultiRegion, United States of America)
In a summation in a criminal case, in what circumstances has been described as "excessive personal references" in the summation? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.