(United States Ninth Circuit) - In a petition for review of the Board of Immigration Appeals (BIA) denial of a motion to reconsider or reopen a negative fair fear determination in reinstatement removal proceedings, the petition is granted where: 1) the Board's decision constituted the final order of removal and the petition is timely; and 2) the Immigration Judge (IJ) abused his discretion in denying the motion to reconsider or reopen.
Source: findlaw.com