Service of Motion to Reopen. Llanos-Fernandez v. Mukasey, 535 F. 3d 79 – 2008

Llanos–Fernandez v. Mukasey, 535 F. 3d 79 – 2008

United States Court of Appeals, Second Circuit.

Edison Ignacio LLANOS-FERNANDEZ, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Michael Chertoff, Secretary of United States Department of Homeland Security, Respondents.

No. 07-0756-AG.

Decided: July 22, 2008

Before:  STRAUB, WESLEY, and LIVINGSTON, Circuit Judges. Kevi E. Dehghani, New Haven, CT, for Petitioner. Jeffer R. Leist, Attorney (Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, on the brief), Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for Respondents.

Petitioner Edison Ignacio Llanos-Fernandez petitions for review of a January 30, 2007 order of the Board of Immigration Appeals (“BIA”) affirming a July 17, 2006 decision of Immigration Judge (“IJ”) Michael W. Straus denying Llanos-Fernandez’s motion to reopen his removal proceedings and rescind his in absentia removal order.   In re Edison Ignacio Llanos-Fernandez, No. A 77 667 913 (BIA Jan. 30, 2007), aff’g No. A 77 667 913 (Immig. Ct. Hartford July 17, 2006).   For the following reasons, we grant the petition for review.   The decision of the BIA is vacated, and the case is remanded to the BIA for further proceedings consistent with this opinion.
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— DHS Requirements Regarding Motions to Reopen. INS v. Jong Ha Wang, 450 U.S. 139 (1981)

INS v. Jong Ha Wang
450 U.S. 139 (1981)

U.S. Supreme Court

INS v. Jong Ha Wang, 450 U.S. 139 (1981)

Immigration and Naturalization Service v. Jong Ha Wang

No. 80-485

Decided March 2, 1981

450 U.S. 139

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES 

COURT OF APPEALS FOR THE NINTH CIRCUIT 
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Examples of Immigration Court Decisions on Motions to Reopen

We provide examples of immigration court decisions on motions to reopen. They are most commonly used when you are not provided with a notice to appear or your immigration lawyer fails to properly represent you. We can file motions to reopen in immigration court or with the board of immigration appeals.

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