United States Eighth Circuit

A petition for review from a decision reopening petitioners' removal proceedings and terminating their asylum is granted where the IJ abused his discretion by granting DHS's motion to reopen pursuant to 8 C.F.R. section 1003.23(b)(3) as the agency failed to establish that the evidence submitted with its motion to reopen was not only material, but was also unavailable and undiscoverable prior to the conclusion of petitioners' removal proceedings.

Appellate Information

• Decided 04/24/2007
• Published 04/24/2007

Judges

• BOWMAN, Circuit Judge., Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Herbert A. Igbanugo, argued, Minneapolis, MN (Katie A. DeGrio, on the brief), for petitioners.


• For Appellees:
  
• Francis W. Fraser, argued, Washington, DC (Peter D. Keisler and Donald E. Kenner, on the brief), for respondent.