United States Ninth Circuit

The Board of Immigration Appeals abused its discretion in denying plaintiff's motion to reopen where it both applied the wrong standard and inappropriately based its denial of relief on evidence and findings in a prior asylum hearing.

Appellate Information

• Argued 03/29/2004
• Decided 11/08/2004
• Published 11/08/2004

Judges

• CANBY, Circuit Judge:, Before:  CANBY, WARDLAW, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Bernice Funk;  Michael B. King, Lane, Powell, Spears, Lubersky, LLP;  Seattle, WA, for the petitioners/appellants/cross-appellees., Andrew C. Maclachlan, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for the respondents/appellees/cross-appellants.