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.
- Decided 06/20/2007
- Published 06/20/2007
PER CURIAM:, Before: WALKER, STRAUB, and B.D. PARKER, Circuit Judges.
United States Second Circuit
Khagendra Gharti-Chhetry, Chhetry & Associates, P.C., New York, NY, for Petitioner.
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.