Ni v. Board of Immigration Appeals, 2d Cir. Mar. 14, 2008
06-4477-ag, 06-5239-ag, 06-5302 Ni v. Board of Immigration Appeals
Before: CABRANES, POOLER, and SACK , Circuit Judges.
Petitioners seek review of orders of the Board of Immigration Appeals (“BIA”), denying their respective motions to reopen removal proceedings. They contend that the motions should have been granted so that they would not remain subject to final orders of removal while pursuing their applications for adjustment of status before the U.S. Citizenship and Immigration Services (“USCIS”). Because we find that the BIA erred in denying the motions to reopen by failing to support its decision with a rational explanation, the petitions for review are GRANTED, the relevant orders are VACATED, and these cases are REMANDED to the BIA for proceedings consistent with this opinion. … Ni v. Board of Immigration Appeals.
