United States Tenth Circuit

The Board of Immigration Appeals' denial of a Motion to Reopen and Motion for Stay of Deportation Based on Ineffective Assistance of Counsel, solely on mere citation to 8 C.F.R. section 3.2(c)(1), constituted an abuse of discretion.

Appellate Information

• Decided 09/24/2002
• Published 09/24/2002

Judges

• MURPHY, Circuit Judge., Before HENRY, McWILLIAMS, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• L. Ari Weitzhandler, Denver, CO, for Petitioner.


• For Appellees:
  
• Marshall Tamor Golding, Attorney, (Richard M. Evans, Assistant Director, and Carl H. McIntyre, Jr., Senior Litigation Counsel, with him on the briefs), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for Respondent.