SHENG GAO NI v. BOARD OF IMMIGRATION APPEALS

Docket Nos. 06-4477-ag, 06-5239-ag, 06-5302-ag.

520 F.3d 125 (2008)

SHENG GAO NI, Petitioner, v. BOARD OF IMMIGRATION APPEALS, Respondent. Peng-Di Zhou, Petitioner, v. Bureau of Citizenship and Immigration Services, Respondent. Pin Zhou Wang, Petitioner, v. Michael B. Mukasey, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: March 14, 2008.


Attorney(s) appearing for the Case

Gary J. Yerman, New York, NY, for Petitioner Sheng Gao Ni, No. 06-4477-ag.

Theodore N. Cox, New York, NY, for Petitioner Peng-Di Zhou, No. 06-5239-ag.

Thomas V. Massucci, New York, NY, for Petitioner Pin Zhou Wang, 06-5302-ag.

John Inkeles, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice (Neil R. Gallagher, Assistant United States Attorney; Christopher J. Christie, United States Attorney for the District of New Jersey, on the brief), Washington, DC, for Respondent in 06-4477-ag.

Daniel Lonergan, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice (Gina Walcott-Torres, Assistant United States Attorney; Michael J. Sullivan, United States Attorney for the District of Massachusetts, on the brief), Washington, DC, for Respondent in 06-5239-ag.

Jamie M. Dowd, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice (Peter D. Keisler, Assistant Attorney General, Civil Division; Jeffrey J. Bernstein, Senior Litigation Counsel, on the brief), Washington, DC, for Respondent in 06-5302-ag.

Before: CABRANES, POOLER, and SACK, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge:

The captioned petitions, which another panel of this Court ordered to be heard in tandem, present a common question for our review: whether the Board of Immigration Appeals ("BIA") errs or "abuses its discretion"1 when it denies a motion to reopen removal proceedings, filed by an asylum applicant seeking an adjustment of status before the U.S. Citizenship and Immigration Services ("USCIS"), on the...

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