KUCANA v. HOLDER

No. 08-911.

130 S.Ct. 827 (2010)

558 U.S. 233

Agron KUCANA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General.

Supreme Court of United States.

Decided January 20, 2010.


Attorney(s) appearing for the Case

Rick M. Schoenfield, Chicago, IL, for petitioner.

Nicole A. Saharsky, Washington, DC, for respondent supporting petitioner.

Amanda C. Leiter, appointed by this court as amicus curiae, supporting judgment below.

Elena Kagan, Solicitor General, Counsel of Record, Department of Justice, Washington, DC, for respondent.

Elaine J. Goldenberg, Lindsay C. Harrison, Jenner & Block LLP, Washington, DC, Rick M. Schoenfield, Counsel of Record, DiVincenzo Schoenfield Swartzman, Chicago, IL, Michael R. Lang, Michael R. Lang & Associates, Chicago, IL, for petitioner.

Elena Kagan, Solicitor General, Counsel of Record, Tony West, Assistant Attorney General, Edwin S. Kneedler, Deputy Solicitor General, Juan Osuna, Deputy Assistant Attorney General, Nicole A. Saharsky, Assistant to the Solicitor General, Donald E. Keener, Bryan S. Beier, Jennifer P. Levings, Melissa Neiman-Kelting, Department of Justice, Washington, DC, for petitioner.

Elaine J. Goldenberg, Lindsay C. Harrison, Eric R. Haren, Julia K. Martinez, Caroline D. Lopez, not admitted in DC, supervised by principals of the firm, Jenner & Block LLP, Washington, DC, Rick M. Schoenfield, Counsel of Record, DiVincenzo Schoenfield Swartzman, Chicago, IL, Michael R. Lang, Michael R. Lang & Associates, Chicago, IL, for Petitioner.


Justice GINSBURG delivered the opinion of the Court.

Petitioner Agron Kucana moved to reopen his removal proceedings, asserting new evidence in support of his plea for asylum. An Immigration Judge (IJ) denied the motion, the Board of Immigration Appeals (BIA or Board) sustained the IJ's ruling, and the U.S. Court of Appeals for the Seventh Circuit concluded that it lacked jurisdiction to review the administrative determination...

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