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United States First Circuit


HERBERT v. ASHCROFT, 02-1950

The Board of Immigrant Appeal's denial of a motion to reopen where the Immigrant Judge's rejection of the motion for continuance as a reason to reopen was arbitrary and capricious is vacated.

Appellate Information

  • Decided 04/08/2003
  • Published 04/08/2003

Judges

  • LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, and CYR and STAHL, Senior Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Derege B. Demissie with whom Doherty & Demissie was on brief for petitioner.

  • For Appellees:
  • Janice K. Redfern, Attorney, Office of Immigration Litigation, with whom Robert D. McCallum, Jr., Assistant Attorney General, and Christopher C. Fuller, Senior Litigation Counsel, were on brief for respondent.
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