Bhasin v. Gonzales
423 F.3D 977, 2005 DAILY JOURNAL D.A.R. 10,805, 05 CAL. DAILY OP. SERV. 7965, 2005.C09.0003409
Supreme Court of Alaska
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Petitioner Usha Bhasin, a native and citizen of India, petitions for review of the Board of Immigration Appealss ("the Board") denial of her motion to reopen her proceedings following its decision dismissing her appeal of the Immigration Judges ("IJ") denial of applications for asylum and withholding of removal. Because we conclude that Bhasin established prima facie eligibility for withholding of removal through evidence not available at the time of the original hearing, and because the Board otherwise abused its discretion in denying the motion to reopen, we grant the petition for review and remand to the Board with instructions to either grant relief or to remand to the Immigration Judge for a hearing on the newly presented evidence. We also hold that it was error for the Board to deny the motion as a matter of discretion under the fugitive disentitlement doctrine.
- Category: Law
- Published: Sep 01, 2005
- Publisher: LawApp Publishers
- Seller: Innodata Book Distribution Services Inc
- Print Length: 22 Pages
- Language: English