United States Second Circuit

The Board of Immigration Appeals (BIA)'s decision denying petitioner's motion to reopen proceedings in her immigration case is vacated and remanded, where: 1) the BIA denied petitioner's motion to reopen because she had not submitted an affidavit in support of the new evidence she proffered, and because she had not submitted copies of the sources on which her expert relied, it refused to consider the expert report supporting her motion; and 2) by attaching consequences to these new requirements in petitioner's case without giving her notice or the opportunity to respond, the BIA acted arbitrarily and capriciously.

Appellate Information

• Decided 12/09/2013
• Published 12/09/2013

Judges

• KATZMANN

Court

• United States Second Circuit

Counsel