Petition for review of a decision denying plaintiff's motion to reopen his removal proceedings following expiration of the period for voluntary departure is granted and the order vacated and remanded where the Agency incorrectly assumed that plaintiff's failure to depart timely from the United States conclusively barred an adjustment of his status and thus may have led it to decline to consider whether to exercise its discretionary sua sponte authority to reopen his removal proceedings.
Petition for review of a decision by the Board of Immigration Appeals.
Argued: November 24, 2008
Decided: April 1, 2009
Amended: June 25, 2009
Before: WINTER, WALKER, and CALABRESI, Circuit Judges.
Opinion by CALABRESI, Circuit Judge.
For Petitioner: Usman B. Ahmad, Long Island City, N.Y.
For Respondent: Gregory G. Katsas, United States Department of Justice, Washington, DC.