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Board of Immigration Appeals erred as a matter of law in ruling aliens seeking discretionary relief can never demonstrate “exceptional circumstances.” Deciding whether exceptional circumstances are present requires a consideration of all facts in a specific case, including but not limited to the probability of the petitioner obtaining relief. Where petitioner began asylum process in 1996 and diligently pursued his claim but missed a hearing because he was traveling and his attorney was not immediately able to contact him and obtain consent to the entry of a representative appearance, petitioner was entitled to recision of his in absentia deportation order due to these extraordinary circumstances. Vukmirovic v. Holder – filed September 8, 2010

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BIA on Exceptional Circumstances ruling

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