Matter of E-F-H-L-, 26 I&N Dec. 319 (BIA 2014)
In the ordinary course of removal proceedings, an applicant for asylum or for withholding or deferral of removal is entitled to a hearing on the merits of those applications, including an opportunity to provide oral testimony and other evidence,without first having to establish prima facie eligibility for the requested relief. Matter of Fefe, 20 I&N Dec. 116 (BIA 1989), followed.
Court held
We conclude that in the ordinary course of removal proceedings, an
applicant for asylum or for withholding or deferral of removal is entitled to
a hearing on the merits of the applications, including an opportunity to
provide oral testimony and other evidence, without first having to establish
prima facie eligibility for the requested relief. See sections 240(b)(4)(B),
(c)(4)(B) of the Act; Matter of Fefe, 20 I&N Dec. at 118; 8 C.F.R.
§ 1240.11(c)(3); cf. Matter of Ruiz, 20 I&N Dec. 91, 93 (BIA 1989)
(holding that in absentia proceedings should have been reopened once the
alien established reasonable cause for his failure to appear, because he
retained the right to present his asylum claim at a full evidentiary hearing,
regardless of whether prima facie eligibility for relief had been shown).
Accordingly, we will remand the record for the Immigration Judge to
conduct a hearing on the merits of the respondent’s applications for asylum
and withholding of removal.
Full case is located here http://www.justice.gov/eoir/