United States Third Circuit

In proceedings for asylum and related relief, petitions for review brought by a citizen of Kosovo and a Macedonian native from denial of their motions to reissue are granted where: 1) because no statute provides that motions to reissue are solely within the BIA's discretion, the circuit court has jurisdiction to review their denial for abuse of discretion; and 2) the BIA's denials of motions to reissue the decisions of removal at issue were an abuse of discretion, as they were contrary to law. The matter is remanded to the BIA to determine what weight to accord to petitioners' claims of non-receipt of its opinions in determining whether the opinions were properly served, and to explain the reasoning and analysis it employs in reaching its decision.

Appellate Information

• Decided 01/04/2008
• Published 01/04/2008

Judges

• Before:  BARRY, FUENTES, and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Joshua E. Bardavid, New York, NY, John D. Perez, Perez, Perez & Perez, Newark, NJ, for Petitioner.


• For Appellees:
  
• [Gvt] Emily A. Radford, Bryan S. Beier, Aviva L. Poczter, Patricia A. Smith, [Gvt] Jesse L. Busen, Richard M. Evans, Joan E. Smiley, Robbin K. Blaya, United States Department of Justice, Office of Immigration Litigation, Thomas H. Dupree, Jr., United States Department of Justice, Civil Rights Division, Washington, DC, for Respondent.