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SHARDAR v. ATTORNEY GENERAL OF U.S.

No. 06-1238.

503 F.3d 308 (2007)

Mohammad Arif SHARDAR, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 19, 2007.

Attorney(s) appearing for the Case

Alan M. Strauss, Esquire (Argued), Law Office of Stanley H. Wallenstein, New York, NY, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Alison M. Igoe, Senior Litigation Counsel, Richard M. Evans, Esquire, Joan E. Smiley, Esquire, Lyle D. Jentzer, Esquire (Argued), Ada E. Bosque, Esquire, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before: RENDELL and AMBRO, Circuit Judges, SHAPIRO, District Judge.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Mohammad Arif Shardar seeks review of an order of the Board of Immigration Appeals ("Board" or "BIA") denying his motion to reopen removal proceedings. Because we conclude that the Board abused its discretion in denying the motion, we grant the petition for review and remand with instructions to reopen the proceedings.

I. Factual and Procedural Background

Shardar is a native of Bangladesh. He became...

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