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VIRK v. I.N.S.

No. 01-70055.

295 F.3d 1055 (2002)

Karnail Singh VIRK, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2002.

Attorney(s) appearing for the Case

Antonio Salazar, Salazar Law Offices, Seattle, WA (Daniel Hoyt Smith, MacDonald, Hoague & Bayless, on the brief, Seattle, WA), for the petitioner.

Cathy Appling, Thankful Vanderstar, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before: CANBY, FERNANDEZ, and KLEINFELD, Circuit Judges.

CANBY, Circuit Judge.

The issue before us is whether the Board of Immigration Appeals ("BIA") abused its discretion in denying a motion to reopen proceedings to allow an alien to apply for a waiver of deportation. Because we find that the BIA improperly considered the impact of an unrelated section of the immigration statute and failed properly to weigh the positive and negative factors in exercising its discretion, we grant the petition for review and vacate the...

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