United States Eighth Circuit

The Board of Immigration Appeals abused its discretion by rejecting her request to reconsider, because petitioner gave a detailed description of the factors which prevented her from appearing, and the instructions provided by the immigration court incorrectly led her to believe that she should file an appeal rather than a motion to reopen.

Appellate Information

• Decided 06/07/2004
• Published 06/07/2004

Judges

• MCMILLIAN, Circuit Judge., Before MELLOY, McMILLIAN and BOWMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Peter J. Antosh, argued, Dodge City, KS (Jesse B. Garcia, Wichita, KS, on the brief), for appellant.


• For Appellees:
  
• Janice K. Redfern, Dept. of Justice, argued, Washington, D.C., for appellee.