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NKEN v. HOLDER

No. 08-1813.

585 F.3d 818 (2009)

Jean Marc NKEN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: October 30, 2009.

Attorney(s) appearing for the Case

ARGUED: Lindsay Claire Harrison, Jenner & Block, LLP, Washington, D.C., for Petitioner. Lindsay E. Williams, United States Department of Justice, Washington, D.C., for Respondent.

ON BRIEF: Jared O. Freedman, Jenner & Block, LLP, Washington, D.C., for Petitioner. Gregory G. Katsas, Assistant General Counsel, Civil Division, David V. Bernal, Assistant Director, Jennifer Paisner Williams, Senior Litigation Counsel, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

Petition for review granted; vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Judge DAVIS joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Jean Marc Nken, a citizen of Cameroon, petitions for review of the order of the Board of Immigration Appeals ("BIA") denying his motion to reopen his removal proceedings. Because the BIA did not explain why Nken's new evidence failed to demonstrate a change of country conditions, we grant the petition and remand to the BIA for further proceedings.

I.

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