United States Ninth Circuit

In a petition for review of the BIA's order denying petitioners' motion to reopen their removal proceedings, the petition is granted in part where the BIA erred by failing to exercise its discretion to consider or decline to consider petitioners' supplemental brief and the attached exhibit relating to a new medical condition allegedly incurred by mother. However, the petition is denied in part where the BIA did not abuse its discretion in concluding that petitioners' daughter's new medical condition did not warrant reopening.

Appellate Information

• Decided 09/01/2010
• Published 09/01/2010

Judges

• Stephen Reinhardt

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Murray David Hilts, Gregory G. Katsas