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Circuit Court Finds Exceptional Circumstances Exist to Reopen Petitioner’s Removal Proceedings

The First Circuit concluded that the BIA abused its discretion when it found that the circumstances attendant to the entry of an in absentia removal order against a young undocumented immigrant who was ill-served by two attorneys were not exceptional. Accordingly, the court remanded to the BIA with instructions to set aside the in absentia removal order and reopen the petitioner’s removal proceedings.

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