United States Second Circuit

Petition for review of denial of motion to suppress evidence, ordering petitioner removed, and denying her motion to reopen removal proceedings is granted in part were the BIA abused its discretion in denying the motion to reopen based solely on the fact that the Department of Homeland Security opposed the motion.

Appellate Information

• Decided 02/06/2008
• Published 02/06/2008

Judges

• STRAUB, Circuit Judge:, Before:  FEINBERG, WINTER, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jon E. Jessen (Stuart Goldberg, on the brief), Law Offices of Jon E. Jessen, LLC, Stamford, CT, for Petitioner.


• For Appellees:
  
• Paul Fiorino, Trial Attorney (Peter D. Keisler, Assistant Attorney General, Richard M. Evans, Assistant Director, on the brief), Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondent.