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Thursday, June 21, 2007

Abuse of Discretion. The Second Circuit has held that the Board of Immigration exceeded its discretion in denying a motion to reopen a hearing where the motion was based solely on facts of which the Board had taken judicial notice. The petitioner had wanted to rebut the inferences that the Board had made based on the noticed facts.

The Court's decision in Chhetry v. U.S. Department of Justice can be found here.

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