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SINGH v. ASHCROFT

No. 02-72759.

367 F.3d 1182 (2004)

Amarjit SINGH, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 18, 2004.

Attorney(s) appearing for the Case

Ashwani K. Bhakhri, Burlingame, CA, for the petitioner.

Mary Jane Candaux and Thankful Vandestar, Office of Immigration Litigation, Washington, DC, for the respondent.

Before: CANBY, W. FLETCHER, and TALLMAN, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

Amarjit Singh petitions for review of an order of the Board of Immigration Appeals ("BIA") denying his motion to reopen his removal proceedings. Recharacterizing it as a "motion to reconsider," the BIA denied Singh's motion. We grant the petition for review because we hold that the BIA abused its discretion in denying Singh's motion to reopen.

I. Background

Singh is a Sikh and a native and citizen of India. In...

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