findings that there was no evidence of james country conditions with regards to the issue of the time when s and the numerical bar that was applied by the board of immigration of appeals that we submit that that was inappropriate and not properly applied because this was a matter that was based upon change country conditions and i believe under immigration and nationality law under two forty  that should not be applied whenever there is an allegation under a motion to reopen based upon st paul sure that you can you can get over the time bar if you can demonstrate that been changed country conditions and i understand it that the just determined that he didn't show change country conditions as you are well i believe that there was actually substantial evidence that contradicts the findings by the board of immigration of a bit of appeals the evidence that was submitted with the motion to reopen included the petitioners declaration declaration and some exhibits from some reports that were taken off the internet there were articles your hon or one of those bill articles yes you're earning one b n and a b c news articles and news articles are typically and i don't know of any case where the board of immigration appeals or found the news articles were not sufficient evidence whenever you're falling for a motion to reopen often times there are state department state country reports are often used however you cost the state department country re annually often whenever there is new evidence so let me ask you this in your view what do these articles show about conditions in nigeria i guess one of the time of her first when she would have had her the the name of boko haram rom now the there had been on going issues with islamic extremists attacking christians in the northern part of nigeria however in two thousand and thirteen that expanded according to the news articles into central and southern nigeria and the reason that that would be significant with regards to someone's eligibility for asylum is that typically in an asylum case you would have to show that there's no war in the country that you can go where you could avoid the persecution however but she's a christian she's a christian yes your honor and the southern part of nigeria correct john and becau now that the the northern part of nigeria where they had traditionally been persecuting christians according to the articles this was expanded into central and southern nigeria which was significant a substantial impact on her eligibility for for asylum yeah what did this what did the state department reports for twenty ten twenty eleven twenty twelve twenty thirteen show and why didn't you submit some of those to the immigration judge or to the well the the state department reports that had the most recent state department reports had no information with regards to any of the newly developed incidents regarding the islamic extremist attack on the christians because it was towards i believe maybe march of two thousand and thirteen when this began to happen so so that so the twenty thirteen report was not available but the twenty thirteen report does show a dramatic increase in in attacks on christians in the activities of boko haram throughout the country i'm not going to say that because i don't know whether the the the state department and i can't say because i don't know whether the newly report after the incident well everything like that that so i can't represent that to the court the only information that i can represent at this time is the fact that that during the  mid somewhere along the mid i believe it was march of two thousand and thirteen is when this expansion with boko haram actually took place and so that's actually what the country reports reflected and which i think is significant it would have had a signal again as is our stated earlier would have had a significant impact on her her ability or her her eligibility for for asylum which was again f fund the convention against torture and withholding of removal there might have been some issues because she did have a prior removal order in absentia which would have impacted potentially impacted her eligibility for asylum  however she would have still been eligible for withholding of removal and relief from the convention against torture and the reason that she would have made that promise facie case would have been that she obviously was to protect the category of being a christian which is pr protected under both withhold never move will as well as relief on the convention against torture and the fact that boko haram which is a an extremist group which is would have been a group that w not the government would not our could not control the base upon the evidence that was submitted by way of the articles ok did you want to see some type of rebuttal i'll save a little time here on it ok thank you thank you but that's not before the court today for the court today is a board decision that treats her second motion to reopen and her second the issue before the court is whether the board of immigration appeals abused its discretion in determining that the petitioner failed to meet her burden of proving materially changed circumstances in nigeria there is no abuse of discretion here first the second motion to reopen was  untimely there's a ninety day time period far exceeded it second it was her second motion to reopen it was obviously numerically barred only one motion to reopen is allowed that should get which you can overcome those bars if you can demonstrate a material change in country conditions exactly right or to as you tried to do here yes to excuse her lack of timeliness and her numerical access she had the burden of showing material change country conditions in nigeria she failed to meet her burden if she showed anything she showed a continuation of conditions in nigeria not a worsening of conditions on the time period has to be from the date of her hearing her hearing date which was october twenty sixth or twenty ten generally to twenty thirteen when she filed her motion to reopen so we take a look at what she submitted with her second motion to reopen she first submitted her asylum application on page thirty six in page thirty seven in her asylum application she talks about continuous violence toward christians but there's a difference between several dozen or several scores of people who suffered violence and hundreds and hundreds and hundreds of suffered violence and twenty thirteen that's true but she didn't show that there was an increase in violence she just showed that there was violence the continuation of violence by her own words in her asylum application then if you turn to her declaration on page forty seven she talks about her declaration on reopening her declaration originally her declaration this attached to her asylum application oh i see so you're going back to that well one word heard that her second motion to reopen has three attachments the first attachment was her asylum matter pression the second attachment was her declaration in support asylum application and the third attachment were five articles so there which was blob's so there were there was no new declaration contemporaneously with her motion to reopen there was there was a new declaration that was attached to her new assignment application so there's really three items to look at so if we look at the asylum application on two separate pages she talks about continued violence toward christian isn't the articles that she submitted they demonstrate the book around began began to move to the south where she's from that article is the second article that she submitted and yes it does say that it's the boko har was moving to central and south nigeria and she's ok she's from as i understand she's from the southern part of nigeria yes correct but that same article interesting enough says that in twenty twelve nine hundred christians were killed and twenty thirteen one hundred twenty mostly christians were killed so the number actually went down from twenty twelve which was nine hundred twenty thirteen which is one hundred twenty where is your information from i thought that the twenty thirteen state department reports suggest a dramatic increase over the last several years you know under the state department reports are not part of this record there's anybody to look them up on google right the b i a to go look them up  this says they are pressing into central and southern states where christians are in the my jury majority it also says that in that in twenty thirty one in twenty thirteen radicals have killed more than one hundred  twenty nine jury and and then it talks about nine hundred ninety and so i thought that what i took out of this was it says for years islamic militants limited their attacks on christians to the twelve northern nigerian states where sharia law is in place narrow they are pressing into central and southern states where christians are in the majority that's correct your honor and that's what the art of the now it's a canal is that there is that the violence is moving from the north to the southern part where she's from and that's what her fear is right but that's the only reference and everything that she submitted that there is some extension of the violence but that article also cuts back on that recent period not the time original application not of the time or a first motion reopening but much more recently against her media family yes she does she does reference threats to her family in her asylum application and in her motion to reopen the second motion to reopen but what she didn't show is enough evidence this is really a question of sufficiency and the board felt although there is that sentence in that one article out of five the board felt there wasn't sufficient evidence to to say that there is materially changed country conditions in one thousand there was maybe some evidence but not enough you know book around there for at least what i read at the physically militant group correct correct and mean but that what she had to show and it was her burden yes i shall understand what changed in that time period from twenty ten to twenty thirteen and the fact that twenty thirteen was terrible why  well i would assume given those articles that the book around was kind of in the northern part of the country where they were had some control and they were moving south and that's the change the change in fourteen or twenty and twenty fifteen on remand are they stuck with a static record as to what changed conditions were in twenty twelve they're stuck with a static record i should that be because it's her burden much she can ask to supplement the record if it goes her petition before the b i hear motion i suppose she can but at the time she filed her second motion she did not attach any reports country reports religious freedom report yesterday she government puts out there is nothing attached so the border only had what she gave them to go on and what she gave them wasn't sufficient and that's my point even though there's one sentence in one of the five articles a one page article that doesn't go into a lot of detail it certainly doesn't say that that twenty ten was any different or twenty eleven or twenty two hour twenty thirteen it talks about twenty thirteen that conditions were bad that they were pressing to the different areas of nigeria but it doesn't talk about what it was back in two thousand and ten and that's the feeling here she had to so a change of country conditions not just country conditions so i see that my time this is  i just want to briefly address the issue of the of the evidence that was submitted the issue of course with the religious freedom reports and as well as again the state department reports is that they clearly at the time that we submit it would not have reflected the recent problems that was happening in nigeria with regards to the book going to southern nigeria which is the reason why however the issue regarding the one article is that if you read the board's decision it's almost as if they really didn't read the entire article because they said that there was not any evidence they didn't say that it was not sufficient evidence they would say that there was no evidence and i believe that it could be remanded for the purposes of that issue as to the b i looking into the sufficiency of the evidence or possibly even again as it goes back to the a can you augmented record before that you can your honor you can supplement the record so that would be what we would request if we were given the opportunity to rebut what are conditions like in nigeria now unfolding in the southern part of the country for well i think that since that time there has continued to be that expansion of the attacks by boko herat going not only from the northern part but still expanding into the southern part so there