United States Sixth Circuit

In an asylum case, the BIA's denial of Albanian petitioner's motion to reopen and its denial of her motion to reconsider are affirmed where: 1) it was not possible to conclude that the BIA abused its discretion when it found that petitioner failed to present a prima facie case for relief in her motion to reopen; and 2) although the BIA has the discretion to waive procedural defects in the filing of motions, it did not abuse its discretion in refusing to do so with regard to the motion to reconsider.

Appellate Information

• Decided 02/26/2007
• Published 02/26/2007

Judges

• Before:  MERRITT and BATCHELDER, Circuit Judges;  HEYBURN, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John S. Richbourg, Memphis, Tennessee, for Petitioner. Jennifer Keeney, United States Department of Justice, Washington, D.C., for Respondent.   ON BRIEF:  John S. Richbourg, Memphis, Tennessee, for Petitioner.  Jennifer Keeney, Michelle Gorden Latour, United States Department of Justice, Washington, D.C., for Respondent.