United States Ninth Circuit

In a petition for review of the Board of Immigration Appeals' (BIA) denial of petitioner's motion to reopen and reinstate proceedings, which the BIA construed as a motion to reissue its decision denying her administrative appeal, the petition is granted where the BIA abused its discretion in failing to discuss petitioner's declaration and the attached photocopied Change of Address form in its decision, thereby failing to consider the "weight and consequences" of that evidence in its denial of her motion to reopen.

Appellate Information

• Argued 03/09/2010
• Decided 07/14/2010
• Published 07/14/2010

Judges

• Stephen Reinhardt

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen Tollafield, Andrea Gevas