052753P.pdf   07/21/2006  Genet Hailemichael  v.  Alberto Gonzales
   U.S. Court of Appeals Case No:  05-2753
   Agency   
   [PUBLISHED] [Gruender, Author, with Murphy and Melloy, Circuit Judges]
   Petition for Review - Immigration. Immigration Judge abused her
   discretion when she reopened petitioner's removal proceedings and the
   case must be remanded so that BIA can reexamine the decision to reopen
   and state explicitly on the record how the evidence adduced by the
   Department of Homeland Security satisfied the requirements of 8 C.F.R.
   Sec. 3.23(b)(3); in order to prove fraud, Homeland Security must prove
   not only that the testimony the petitioner supplied was false, but that she
   was knew it was false; here, the IJ erred in finding Homeland Security
   had proven fraud when it failed to address the question of whether
   petitioner knew she was testifying falsely when she testified her husband
   was imprisoned; court lacked jurisdiction to review the IJ's denial of
   petitioner's application for adjustment of status.