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.