Successful appeal on behalf of an asylum seeker from Egypt
JSSAppeals: Partner David Schlesinger won a complex case for an asylum and cancellation of removal in the US Court of Appeals for the Ninth Circuit on behalf of an applicant from Egypt.
Mr. Schlesinger’s client, a native and citizen of Egypt, petitioned for a review of a decision by the Board of Immigration Appeals (“BIA”) denying his motion to reconsider and to reopen removal proceedings.
He argued that a defective Notice to Appear deprived the immigration court of jurisdiction over his removal proceedings. He also advanced two theories for overcoming the procedural bars: 1. an exception to the bars based on changed country conditions and 2. BIA’s abuse of discretion by failing to review evidence.
The Court has found that Mr. Schlesinger’s client has submitted sufficient evidence to warrant the application of equitable tolling and established that he is prima facie eligible for cancellation of removal. The Court granted the petition and remanded the case to the BIA.