Murillo-Robles v. Lynch
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
Although the Board of Immigration Appeals (BIA) has broad discretion in the disposition of motions to reopen, broad discretion is not the same as unfettered discretion. This case, which arises out of an in absentia removal order against a youthful alien who was ill-served by not one but two lawyers, illustrates that verity. After careful consideration, we conclude that the BIA abused its discretion when it found that the circumstances attendant to entry of the removal order were not exceptional. Accordingly, we grant the petition for review, reverse the BIA’s denial of…
2Cases cited14 opinions
- Perez v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
- Henry v. Immigration & Naturalization ServiceCourt of Appeals for the First Circuit · 1996
- Saakian v. Immigration & Naturalization ServiceCourt of Appeals for the First Circuit · 2001
- Herbert v. AshcroftCourt of Appeals for the First Circuit · 2003
- White v. Immigration & Naturalization ServiceCourt of Appeals for the First Circuit · 1994
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sihotang v. SessionsCourt of Appeals for the First Circuit · 2018
- Loja-Tene v. BarrCourt of Appeals for the First Circuit · 2020
- Rodriguez-Villar v. BarrCourt of Appeals for the First Circuit · 2019
- Rivera-Medrano v. GarlandCourt of Appeals for the First Circuit · 2022
- Granados Benitez v. WilkinsonCourt of Appeals for the First Circuit · 2021
11 more not listed; retrieve them via the Exa API.