United States Fifth Circuit

Petitions for review of a denial of petitioner's motion to reopen his removal proceedings after he was ordered removed in absentia is granted where the BIA abused its discretion in failing to address applicable precedent on a claim that the advice of an attorney not to appear at an immigration proceeding constituted an exceptional circumstance beyond the alien's control.

Appellate Information

• Decided 04/16/2007
• Published 04/17/2007

Judges

• EMILIO M. GARZA, Circuit Judge:, Before GARZA, PRADO and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Hakeem Ishola, Ishola & Associates, Salt Lake City, UT, for Petitioner.


• For Appellees:
  
• Thomas Ward Hussey, Dir., Song E. Park, OIL, M. JocelynLopez Wright, Civ. Div. Imm. Lit., U.S. Dept. of Justice, Washington, DC, Anne M. Estrada, U.S.INS, Dallas, TX, Trey Lund, U.S. Imm. & Customs Enforcement, Attn: Carl Perry, New Orleans, LA, for Respondent.