Read Chhetry v. US Dep't of Justice, 06-3416

Denial of motion to reopen is vacated as the BIA exceeds its allowable discretion when, in denying a motion to reopen based solely on facts of which it took administrative notice, it fails to give the petitioner an opportunity to rebut the inferences it drew from those noticed facts.

Appellate Information

• Decided 06/20/2007
• Published 06/20/2007

Judges

• PER CURIAM:, Before:  WALKER, STRAUB, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Khagendra Gharti-Chhetry, Chhetry & Associates, P.C., New York, NY, for Petitioner.


• For Appellees:
  
• Gladys Steffens-Guzman, Office of Immigration Litigation (John A. Broadwell, Assistant United States Attorney, Donald W. Washington, United States Attorney, Western District of Louisiana, Shreveport, LA, on the brief), for Respondents.