United States Ninth Circuit

Petition for review of denial of previously-removed Chinese petitioner's untimely motion to reopen his original deportation proceedings is granted where: 1) 8 C.F.R. section 1003.23(b)(1) cannot be applied to the facts of this case; 2) no steps were taken by the Department of Homeland Security (DHS) to reinstate petitioner-s prior removal order under 8 C.F.R. section 241.8; and 3) neither the IJ nor the BIA made any finding concerning whether petitioner's motion was eligible for any exception to late filing under 8 C.F.R. section 1003.23(b)(4).

Appellate Information

• Decided 01/05/2007
• Published 01/05/2007

Judges

• MILAN D. SMITH, JR., Circuit Judge., Before D.W. NELSON, PAEZ, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Karen Jaffe, New York, NY, for the petitioner.


• For Appellees:
  
• Donald A. Couvillon, Washington, D.C., for the respondent.