Legal Opinion
Krishna Bahadur Bhattarai Chhetry v. U.S. Department of Justice, Attorney General Alberto R. Gonzales
Court of Appeals for the Second Circuit
Decided June 20, 2007No. Docket 06-3416-agPublishedCited by 37 opinions
1Per curiam
This case requires us to determine whether the Board of Immigration Appeals (“BIA”) exceeds its allowable discretion when, in denying a motion to reopen based solely on facts of which it took administrative notice, it fails to give the petitioner an opportunity to rebut the inferences it drew from those noticed facts. Because we conclude that such a failure constitutes an excess of discretion, we grant the petition for review, vacate the BIA’s denial, and remand the case to the BIA for further proceedings.
Krishna. Bahadur Bhattarai Chhetry, a citizen of Nepal, filed his application for…
2Cases cited13 opinions
- Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
- Sukhraj Kaur v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2005
- Jin Ming Liu v. Alberto R. Gonzales, 1Court of Appeals for the Second Circuit · 2006
- Ilir Hoxhallari v. Alberto Gonzales, Attorney GeneralCourt of Appeals for the Second Circuit · 2006
- Mariusz Kaczmarczyk v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1991
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3Cited by37 opinions
- Jian Hui Shao v. MukaseyCourt of Appeals for the Second Circuit · 2008
- Shunfu Li v. MukaseyCourt of Appeals for the Second Circuit · 2008
- Burger v. GonzalesCourt of Appeals for the Second Circuit · 2007
- Singh v. MukaseyCourt of Appeals for the Second Circuit · 2009
- Vaquería Tres Monjitas, Inc. v. ComasDistrict Court, D. Puerto Rico · 2013
32 more not listed; retrieve them via the Exa API.