United States Second Circuit

Petition for review of a decision denying plaintiff's motion to reopen his removal proceedings following expiration of the period for voluntary departure is granted and the order vacated and remanded where the Agency incorrectly assumed that plaintiff's failure to depart timely from the United States conclusively barred an adjustment of his status and thus may have led it to decline to consider whether to exercise its discretionary sua sponte authority to reopen his removal proceedings.

Appellate Information

• Decided 06/25/2009
• Published 06/25/2009

Judges

Court

• United States Second Circuit

Counsel