061178P.pdf   04/24/2007  Nikolay Ivanov  v.  Alberto Gonzales
   U.S. Court of Appeals Case No:  06-1178
   Immigration & Naturalization Service   
   [PUBLISHED] [Bowman, Author, with Smith and Colloton, Circuit
   Judges]
   Petition for Review - Immigration. The government's motion to
   amend the court's February 12, 2007 opinion is granted in part
   and denied in part, and the opinion of February 12, 2007 is
   vacated; Department of Homeland Security failed to establish
   that the evidence submitted with its motion to reopen was not
   only material, but was also unavailable and undiscoverable prior
   to the conclusion of the petitioners' removal proceedings; as a
   result, the Immigration Judge abused his discretion in reopening
   the petitioners' removal proceedings; the BIA's decision affirming
   the order to reopen is set aside, and the Immigration Judge's
   order granting petitioners asylum is reinstated. Judge Colloton,
   concurring in part and dissenting in part.
  
061178P.pdf   02/12/2007  Nikolay Ivanov  v.  Alberto Gonzales
   U.S. Court of Appeals Case No:  06-1178
   Immigration & Naturalization Service   
   [PUBLISHED] [Bowman, Author, with Smith and Colloton, Circuit Judges]
   Petition for Review - Immigration. Immigration Judge abused his
   discretion in reopening petitioners' removal proceedings as the
   respondent failed to show that the evidence upon which the motion to
   reopen was based was not available and could not have been discovered
   or presented at the former hearing where petitioners were granted asylum;
   order reopening proceedings and terminating grant of asylum is vacated,
   and the matter is remanded with directions to reinstate the asylum order.
   Judge Colloton, concurring in part and dissenting in part.