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SIHOTANG v. SESSIONS

No. 17-2183.

900 F.3d 46 (2018)

Indra SIHOTANG, Petitioner, v. Jefferson B. SESSIONS, III, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

August 15, 2018.

Attorney(s) appearing for the Case

Jesse H. Thompson , with whom Andrea C. Kramer , Boston, MA, Julie A. Frohlich , and Kramer Frohlich LLC were on brief, for petitioner.

Abigail E. Leach , Trial Attorney, Office of Immigration Litigation, U.S. Dept. of Justice, with whom Chad A. Readler , Acting Assistant Attorney General, Civil Division, Anthony C. Payne , Assistant Director, Office of Immigration Litigation, and Janette L. Allen , Senior Litigation Counsel, Office of Immigration Litigation, were on brief, for respondent.

Before Thompson, Selya, and Kayatta, Circuit Judges.

Motions to reopen — especially untimely motions to reopen — are disfavored in immigration cases. Consequently, an alien who seeks to reopen removal proceedings out of time ordinarily faces a steep uphill climb. This does not mean, though, that the mountaintop is entirely beyond reach. The case at hand —...

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