Song Jin Wu v. Immigration and Naturalization Service

CARDAMONE, Circuit Judge.

This case comes to us on a petition for review of a decision of the Board of Immigration Appeals (BIA or Board) dismissing petitioner Song Jin Wu’s (Wu or petitioner) appeal from an immigration judge’s (IJ) decision denying Wu’s motion to reopen an in abstentia order of deportation. The BIA refused to reopen Wu’s case without mentioning his contention that the law had changed rendering him eligible for asylum. That was an abuse of the Board’s discretion, and we therefore grant Wu’s petition and remand to allow him an opportunity to present his claims.

FACTS

A. Background