SMITH, Circuit Judge.
Petitioner is a Chinese national who was lawfully removed from the United States, re-entered illegally, and then filed an untimely motion to reopen his original deportation proceedings. The immigration judge ("IJ") denied petitioner's motion, the Board of Immigration Appeals ("BIA") affirmed that denial, and petitioner appealed to this court. We reverse and remand because (a) 8 C.F.R. § 1003.23(b)(1) cannot be applied to the facts of this...
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