William v. Gonzales
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Petition for review granted; order vacated by published opinion. Judge SHEDD wrote the majority opinion, in which Judge MICHAEL joined. Chief Judge WILLIAMS wrote a dissenting opinion.
OPINION
SHEDD, Circuit Judge:
Tunbosun Olawale William petitions for review of an order of the Board of Immigration Appeals (“BIA”) holding that it could not consider his motion to reopen immigration proceedings which was filed after he had been removed from the United States. In reaching this conclusion, the BIA relied on 8 C.F.R. § 1003.2(d). Because we conclude that this regulation conflicts with clear…
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