United States Second Circuit

Petition for review of a denial of a motion to reopen an in abstentia order of deportation is granted where it was an abuse of discretion for the Board of Immigration Appeals to refuse to reopen petitioner's case without considering his contention that the law had changed rendering him eligible for asylum.

Appellate Information

• Argued 12/07/2004
• Decided 01/24/2006
• Published 01/24/2006

Judges

• CARDAMONE, Circuit Judge., Before:  CARDAMONE, JACOBS, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Theodore N. Cox, New York, New York (Joshua E. Bardavid, Law Office of Theodore N. Cox, New York, New York, of counsel), for Petitioner.


• For Appellees:
  
• Patricia Buchanan, Assistant United States Attorney, New York, New York (David N. Kelley, United States Attorney, Megan L. Brackney, Sara L. Shudofsky, Assistant United States Attorneys, Southern District of New York, New York, New York, of counsel), for Respondent.