United States Ninth Circuit

A motion to reopen and rescind a deportation order, based on exceptional circumstances, should be granted where the beneficiary of an approved visa petition had no reason to delay a hearing, and his misunderstanding of the time for the hearing was explainable.

Appellate Information

• Argued 06/13/2002
• Decided 07/12/2002
• Published 07/12/2002

Judges

• Before SCHROEDER, Chief Judge, D.W. NELSON and REINHARDT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Martin Resendez Guajardo,Law Office of Martin Resendez Guajardo, San Francisco, CA, for petitioner.


• For Appellees:
  
• Barry J. Pettinato and Anthony C. Payne, Office of Immigration Litigation Civil Division, United States Department of Justice, Washington, DC, for respondent.