United States Second Circuit

The Board of Immigration Appeals' (BIA) orders dismissing petitioner's appeal from an immigration judge's decision to deny cancellation of removal, and refusing to reopen his case are: 1) dismissed in part, where the affirmation of an immigration judge's decision not to cancel removal was based in part on the exercise of the agency's decision and is not reviewable; and 2) remanded in part, where, in refusing to reopen proceedings, the BIA erred by adhering to the immigration judge's conclusion that petitioner had not met his burden of proving ten years of continuous physical presence.

Appellate Information

• Decided 11/25/2013
• Published 11/25/2013

Judges

• GLEESON

Court

• United States Second Circuit

Counsel