SINGH v. HOLDER

Nos. 09-73798, 10-72626.

771 F.3d 647 (2014)

Tarlock SINGH, aka Tarlochan Singh, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. Tarlock Singh, aka Tarlochan Singh, Petitioner, v. Eric H. Holder, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 13, 2014.


Attorney(s) appearing for the Case

Zachary Miller Nightingale , Avantika Shastri (argued) and Amalia Margarete Wille , Van Der Hout , Brigagliano & Nightingale, LLP, San Francisco, CA; Babak Pourtavoosi , Jackson Heights, N.Y., for Petitioner.

Blair T. O'Connor (argued), Assistant Director; Remi Da Rocha-Afodu , Attorney; Tony West , Assistant Attorney General, Civil Division; Holly M. Smith , Senior Litigation Counsel, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before: RAYMOND C. FISHER, MARSHA S. BERZON and MORGAN CHRISTEN, Circuit Judges.


OPINION

FISHER, Circuit Judge:

For the second time in six years, we hold that the Board of Immigration Appeals has authority to reopen proceedings of an alien who is under a final order of removal in order to afford the alien an opportunity to pursue an adjustment of status application before United States Citizenship and Immigration Services. See Kalilu v. Mukasey, 548 F.3d 1215

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