United States Ninth Circuit

Petition for review of the denial of a motion to reopen proceedings of an alien who is under a final order of removal in order to afford the alien an opportunity to pursue an adjustment of status application is granted, where: 1) the authority of the Board of Immigration Appeals (BIA) to reopen proceedings in this situation is granted by the unambiguous language of 8 C.F.R. section 1003.2(a); and 2) the BIA's contrary holding in Matter of Yauri contravenes section 1003.2(a)'s plain language and is therefore not to be followed.

Appellate Information

• Decided 11/13/2014
• Published 11/13/2014

Judges

• Fisher

Court

• United States Ninth Circuit

Counsel