Friday, August 28, 2009

motion to reopen removal proceeding

Ishitiaq v. Holder, No. 08-2834 (08/25/09) Pakistan, Sunni Muslim CAT

Ishitiaq v. Holder (Williams)
Oral Argument | Full Text

Petition for review of an order denying withholding of removal is denied where there is insufficient evidence that compels the conclusion that it is more likely than not that defendant will face persecution if returned to his home country.
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Joseph v. Holder, No. 08-2393 (08/27/09) motion to reopen

Joseph v. Holder (Wood)
Oral Argument | Full Text

Petition for review of the BIA's denial of a Pakistani petitioner's motion to reopen removal proceedings is granted and remanded where the BIA committed legal error in adopting an overly narrow interpretation of 8 C.F.R. section 1003.2(c)(3)(ii) that runs counter to the plain language of the regulation.

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