United States Second Circuit

Petition for review of a BIA order dismissing petitioner's appeal of a final order of removal on grounds that petitioner had waived the right of appeal is granted where, based on facts presented, the BIA's finding of waiver was not based on substantial evidence.

Appellate Information

• Decided 05/02/2008
• Published 05/02/2008

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  JACOBS, Chief Judge, CABRANES, Circuit Judge, and VITALIANO, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Usman Ahmad, Ahmad & Horn, P.C., New York, NY, for Petitioner.


• For Appellees:
  
• Deborah Gerads, Trial Attorney, (Peter D. Keisler, Assistant Attorney General, Leslie McKay, Senior Litigation Counsel, on the brief), Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for Respondent.