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BURGER v. GONZALES

Docket Nos. 03-40395-ag(L), 05-1058-ag(CON).

498 F.3d 131 (2007)

Sanja BURGER and Milica Savic, minor child A74-850-657, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: August 17, 2007.

Attorney(s) appearing for the Case

Michael P. DiRaimondo, DiRaimondo & Masi LLP, Melville, N.Y. (Marialaina L. Masi, Mary Elizabeth Delli-Pizzi, Stacy A. Huber, on the brief), for Petitioners.

Scott Rempell, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, D.C. (Anne M. Hayes; Jennifer May-Parker, on the brief), for Respondent.

Before: McLAUGHLIN, CALABRESI, and SOTOMAYOR, Circuit Judges.

McLAUGHLIN, Circuit Judge:

This Court recently held that if the Board of Immigration Appeals ("BIA") intends to take administrative notice of potentially dispositive facts, it must warn a petitioner and provide the petitioner with an opportunity to respond before it denies a motion to reopen on the basis of those facts. See Chhetry v. U.S. Dep't of Justice, 490 F.3d 196, 201 (2d Cir.2007)(per curiam). The Court declined to...

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