United States Ninth Circuit

A petition for review of a denial by the BIA of petitioner's motion to reopen removal proceedings is granted where the BIA erred as a matter of law when it determined that 8 C.F.R. section 1003.2(d) barred his motion to reopen since petitioner's marijuana cultivation conviction, which had been later vacated, was a key part of his removal proceeding.

Appellate Information

• Argued 06/16/2006
• Decided 08/21/2006
• Published 08/21/2006

Judges

• LEAVY, Circuit Judge., Before EDWARD LEAVY and PAMELA ANN RYMER, Circuit Judges, and BARRY TED MOSKOWITZ, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert B. Jobe, Law Office of Robert B. Jobe, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Carol Federighi and Neil McGill-Gorsuch, United States Department of Justice, Washington, DC, for the respondent.