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United States Ninth Circuit


Franco-Rosendo v. Gonzales, 04-75173

A petition for review of a Board of Immigration Appeals (BIA) decision denying a motion to reopen is granted where the BIA failed to mention petitioner's medical problems when it explained its reasons for denying the motion, and its failure to identify and evaluate favorable factors was an abuse of discretion.

Appellate Information

  • Argued 06/07/2006
  • Decided 07/18/2006
  • Published 07/18/2006

Judges

  • REINHARDT, Circuit Judge., Before REINHARDT, TROTT, and WARDLAW, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Carlos Vellanoweth, John Wolfgang Gehart, Elena Yampolsky & RussellMarco Jauregui, Vellanoweth & Gehart, LLP, Los Angeles, CA, for the petitioner-appellant.

  • For Appellees:
  • Peter D. Keisler, Terri J. Scadron & Margot L. Nadel, U.S. Department of Justice, Washington, DC, for the respondent-appellee.
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