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CHHETRY v. U.S. DEPT. OF JUSTICE

No. 06-3416-ag.

490 F.3d 196 (2007)

Krishna Bahadur Bhattarai CHHETRY, Petitioner, v. U.S. DEPARTMENT OF JUSTICE, Attorney General Alberto R. Gonzales, Respondents.

United States Court of Appeals, Second Circuit.

Decided: June 20, 2007.

Attorney(s) appearing for the Case

Khagendra Gharti-Chhetry, Chhetry & Associates, P.C., New York, NY, for Petitioner.

Gladys Steffens-Guzman, Office of Immigration Litigation (John A. Broadwell, Assistant United States Attorney, Donald W. Washington, United States Attorney, Western District of Louisiana, Shreveport, LA, on the brief), for Respondents.

Before: WALKER, STRAUB, and B.D. PARKER, Circuit Judges.

PER CURIAM:

This case requires us to determine whether the Board of Immigration Appeals ("BIA") exceeds its allowable discretion when, in denying a motion to reopen based solely on facts of which it took administrative notice, it fails to give the petitioner an opportunity to rebut the inferences it drew from those noticed facts. Because we conclude that such a failure constitutes an excess of discretion, we grant the petition for review, vacate the BIA's denial,...

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