WU v. I.N.S.

Docket No. 99-4148.

436 F.3d 157 (2006)


United States Court of Appeals, Second Circuit.

Decided January 24, 2006.

Attorney(s) appearing for the Case

Theodore N. Cox, New York, New York (Joshua E. Bardavid, Law Office of Theodore N. Cox, New York, New York, of counsel), for Petitioner.

Patricia Buchanan, Assistant United States Attorney, New York, New York (David N. Kelley, United States Attorney, Megan L. Brackney, Sara L. Shudofsky, Assistant United States Attorneys, Southern District of New York, New York, New York, of counsel), for Respondent.

Before: CARDAMONE, JACOBS, and CABRANES, Circuit Judges.

CARDAMONE, Circuit Judge.

This case comes to us on a petition for review of a decision of the Board of Immigration Appeals (BIA or Board) dismissing petitioner Song Jin Wu's (Wu or petitioner) appeal from an immigration judge's (IJ) decision denying Wu's motion to reopen an in abstentia order of deportation. The BIA refused to reopen Wu's case without mentioning his contention that the law had changed rendering him eligible for asylum. That was an abuse of...

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