The Third Circuit has determined that the regulatory requirement that a motion to reopen present new evidence, not previously available, refers to “evidence that becomes available only after the final hearing before the IJ,” “irrespective of whether the petitioner’s appeal to the BIA is then pending.”

The full text of Suchite-Salguero v. Attorney General can be found here:

https://www2.ca3.uscourts.gov/opinarch/241970p.pdf

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