United States Ninth Circuit

Petition for review of denials of Iranian native's motions to reconsider and reopen his immigration proceedings is denied as to the motion to reconsider, but granted as to the motion to reopen where the BIA abused its discretion in denying the motion as untimely despite petitioner's demonstrated due diligence in learning of his original counsel's possible ineffectiveness.

Appellate Information

• Argued 12/07/2006
• Decided 08/17/2007
• Published 08/17/2007

Judges

• TALLMAN, Circuit Judge:, Before:  HARRY PREGERSON, BARRY G. SILVERMAN, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Erin J. Quinn, Aruna Sury, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Michael Jack Haney, Ryan W. Bounds, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, for the respondent.