United States Sixth Circuit

Petition for review brought by a citizen of Yemen of a final order of removal is granted where the BIA abused its discretion in denying a motion to remand to an IJ for further consideration of his eligibility for adjustment of status as a "child" and immediate relative of an American citizen under the Child Status Protection Act (CSPA) and 8 U.S.C. section 1255.

Appellate Information

• Decided 03/20/2008
• Published 03/20/2008

Judges

• Before:  MOORE and GRIFFIN, Circuit Judges;  GRAHAM, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Bridgette M. Sparkman, Owen & Associates, Southfield, Michigan, for Petitioner.  Jeffrey J. Bernstein, United States Department of Justice, Washington, DC, for Respondent.   ON BRIEF:  Charles S. Owen, Owen & Associates, Southfield, Michigan, for Petitioner.  Michele Y.F. Sarko, United States Department of Justice, Washington, DC, for Respondent.