Brief Filed with the Second Circuit Court of AppealsPublished: Nov 19, 2009 By: Matthew L. Kolken
I just finished my brief in support of a petition for review that we filed with the Second Circuit Court of Appeals. I argued that the Board of Immigration utilized an improper standard when adjudicating my client's Motion to Reopen, and that the record reflects that there was reasonable cause for my client's failure to appear at his exclusion proceedings.
When adjudicating my client's motion the Board departed from the “totality of the circumstances” standard for determining reasonableness, considered facts not in the record, and cited a time limitation as a basis for the denial, specifically referencing the thirteen year period between the entrance of the exclusion order and the filing of the Petitioner’s motion to reopen as a basis for the Board’s denial.
I also argued that my client was not required to file a bar complaint against his former lawyer who had been disbarred from the practice of law.
The Government now has an opportunity to respond to our brief, and then it will be a waiting game. I'll keep you posted.