United States Second Circuit

Petition for review of an order denying motion to reopen removal proceedings is granted where the Board of Immigration Appeals erred in assuming that plaintiff's failure to depart voluntarily on time from the U.S. conclusively barred an adjustment of his immigration status. Case is remanded to the Board to consider whether it would still decline to exercise its sua sponte authority to reopen plaintiff's removal proceedings in view of current relevant law.

Appellate Information

• Decided 04/01/2009
• Published 04/01/2009

Judges

Court

• United States Second Circuit

Counsel