Mickeviciute v. Immigration & Naturalization Service

A decision not to reopen deportation proceedings is in the discretion of the agency, and must not be overturned unless that discretion is abused. INS v. Abudu, 485 U.S. 94, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988). An abuse of discretion may be found only when the Board’s decision “provides no rational explanation, inexplicably departs from established policies, is devoid of any reasoning, or contains only summary or conclusory statements.” Osei v. INS, 805 F.8d 1205, 1208 (10th Cir.2002). I cannot agree with the panel majority that this high standard has been satisfied.

I

When reviewing the…