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United States Seventh Circuit


Kucana v. Holder, 07-1002

On remand from the Supreme Court for a ruling on the merits after its holding that 8 U.S.C. section 1252(a)(2)(B) does not affect judicial review of situations in which immigration officials' discretion is specified by regulation rather than statute, and that a court of appeals also may set aside a decision in which the Board has abused its discretion in applying the law to the facts, Albanian citizen's petition for review of the BIA's refusal to reopen removal proceedings is denied as the Board's conclusion that the evidence did not show a material adverse change in country conditions between 2002 and 2006 did not constitute an abuse of discretion.

Appellate Information

  • Decided 05/04/2010
  • Published 05/04/2010

Judges

  • EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and CUDAHY and RIPPLE, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

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