United States Sixth Circuit

Petitioner's petition for review of the BIA's denial of his motion to reopen his removal proceedings is denied, where Petitioner's motion was untimely, because he failed to demonstrate that the evidence he wished to present of changed conditions in his country was unavailable at the prior hearing.

Appellate Information

• Decided 03/24/2009
• Published 03/24/2009

Judges

• Before SUHRHEINRICH, GILMAN, and WHITE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Oleh R. Tustaniwsky, Hualian Law Offices, New York, New York, for Petitioner.  Nicole N. Murley, United States Department of Justice, Washington, D.C., for Respondent.   ON BRIEF:  Oleh R. Tustaniwsky, Hualian Law Offices, New York, New York, for Petitioner.  Nehal H. Kamani, United States Department of Justice, Washington, D.C., for Respondent.