Case Explained: Non-Argument Calendar DANIEL M. HABTEMARIAM v. U.S. ATTORNEY GENERAL

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-08-10 The eleventh-circuit denied Habtemariam’s petition for review and affirmed the Board of Immigration Appeals’ order dismissing his appeal from an Immigration Judge’s denial of a motion to reopen. Habtemariam sought asylum, withholding of removal, and Convention Against Torture protection based on changed country conditions in Eritrea. The court applied de novo review to determine whether the BIA afforded reasoned consideration to the petition and reviewed the denial of the motion to reopen for abuse of discretion under 8 U.S.C. § 1229a(c)(7)(C). The court held that the BIA provided reasoned consideration by listing basic facts and noting specific evidence, including expert declarations and family affidavits. On the merits of the motion to reopen, the court found the BIA did not abuse its discretion because Habtemariam failed to present material and previously unavailable evidence of changed country conditions likely to alter the outcome. The record showed continuity of longstanding patterns of arbitrary detention and torture in Eritrea predating the 2016 hearing, family detentions occurred before the prior hearing, and Habtemariam’s political activity in the United States constituted a change in personal circumstances rather than country conditions. This ruling affirms the BIA’s dismissal, leaving the underlying removal order in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.