Legal Opinion
Sihotang v. Sessions
Court of Appeals for the First Circuit
Decided August 15, 2018No. 17-2183PPublishedCited by 35 opinions
1Opinion of the Court
SELYA, Circuit Judge.
Motions to reopen-especially untimely motions to reopen-are disfavored in immigration cases. Consequently, an alien who seeks to reopen removal proceedings out of time ordinarily faces a steep uphill climb. This does not mean, though, that the mountaintop is entirely beyond reach. The case at hand-in which the Board of Immigration Appeals (BIA) overlooked a significant factor relevant to the decisional calculus-illustrates the point. After careful consideration of a tangled record, we grant the petition for judicial review, vacate the BIA's denial of the motion to reopen,…
2Cases cited17 opinions
- Raza v. GonzalesCourt of Appeals for the First Circuit · 2007
- Henry v. Immigration & Naturalization ServiceCourt of Appeals for the First Circuit · 1996
- Pulisir v. MukaseyCourt of Appeals for the First Circuit · 2008
- Roberts v. GonzalesCourt of Appeals for the First Circuit · 2005
- Jutus v. Holder, Jr.Court of Appeals for the First Circuit · 2013
12 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Aguilar-Escoto v. GarlandCourt of Appeals for the First Circuit · 2023
- Gunawan Liem v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2019
- Pineda v. WhitakerCourt of Appeals for the First Circuit · 2018
- Gyamfi v. WhitakerCourt of Appeals for the First Circuit · 2019
- Pineda-Maldonado v. GarlandCourt of Appeals for the First Circuit · 2024
30 more not listed; retrieve them via the Exa API.