Petition for Review of Denial of Motion to Reopen Removal Proceedings Dismissed

In Duarte-Ceri v. Holder, No. 08-6128, a petition for review of the BIA’s denial of petitioner’s motion to reopen removal proceedings, the court held the petition in abeyance and transferred the matter to the district court where petitioner was still “under the age of eighteen years” when his mother was naturalized, but there had been no factual finding as to the actual timing of petitioner’s birth, and thus a new hearing on the nationality claim was required.

Related Resources

  • Read the Second Circuit’s Decision in Duarte-Ceri v. Holder, No. 08-6128

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