United States Ninth Circuit

A petition for review of a BIA order denying petitioner's motion to reopen exclusion proceedings is granted where: 1) petitioner filed her motion to reopen after she departed the U.S. under an exclusion order and, thus, after the completion of immigration proceedings; and 2) consequently, the BIA erred in concluding it lacked jurisdiction over the motion to reopen.

Appellate Information

• Decided 06/07/2007
• Published 06/07/2007

Judges

• PER CURIAM:, Before:  HARRY PREGERSON, STEPHEN REINHARDT, and A. WALLACE TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Murray D. Hilts, Esq., Law Offices of Murray Hilts, San Diego, CA, for the petitioner.


• For Appellees:
  
• Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, San Francisco, CA;  Marion E. Guyton, Esq., U.S. Department of Justice, Washington, DC, for the respondent.