Our client's withholding of removal case was remanded from the Second Circuit after they overturned the Agency's finding that our client was not credible and that he had not established past persecution. The case was set for another hearing before the Immigration Court based on the findings of the Second Circuit that our client was credible and had established past persecution. However, at the hearing, over our objection, the Court went beyond the scope of the remand and requested more evidence as well as reevaluating the evidence. The Judge denied withholding of removal. We appealed to the Board of Immigration Appeals. The Board agreed with our argument that the Immigration Judge acted improperly when the hearing went beyond the scope of the remand. The Board sent the case back to the Immigration Judge and held that the only remaining issue is whether DHS can overcome the presumption of future persecution that arises where an applicant establishes past persecution. DHS must show that there has been a fundamental change in circumstances or that internal relocation is reasonable. Scott Bratton is the attorney handling the case.