Kwan Ho Wu v. Attorney General of the United States

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

Kwan Ho Wu petitions for review of two orders of the Board of Immigration Appeals (BIA), which denied two separate motions to reopen exclusion proceedings. We will grant the petition, vacate the BIA’s orders, and remand to the BIA for further proceedings.

I

Because we write for the parties, who are well acquainted with the case, we recite only the essential facts and procedural history.

Wu entered the United States in 1992 and was placed in exclusion proceedings. In 1994, an Immigration Judge (IJ) found that Wu had not made the requisite showing to…