United States Second Circuit

Government's motion to dismiss a petition for review of a BIA decision dismissing petitioners' appeal of a denial of an I-130 petition is denied and the case is instead transferred to an appropriate district court where, even though the circuit court had previously determined that it lacked jurisdiction to consider the petition, the interest of justice was better served by transfer of the case.

Appellate Information

• Decided 01/12/2009
• Published 01/12/2009

Judges

• LIVINGSTON, Circuit Judge:, Before:  McLAUGHLIN, LIVINGSTON, Circuit Judges, and GERSHON, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Kevin E. Dehghani, Esq., New Haven, CT, for Petitioners.


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General;  Cindy S. Ferrier, Senior Litigation Counsel;  Michelle G. Latour, Assistant Director;  Nairi M. Simonian, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondents.