DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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171584P.pdf 08/09/2018 Yesenia Payeras v. Jefferson B. Sessions, III
U.S. Court of Appeals Case No: 17-1584
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] Kelly, Author, with Benton and Stras, Circuit Judges]
Petition for Review - Immigration. In denying petioner's motion to reopen,
the BIA failed to address whether petitioner's inability to get proper
medical attention constituted exceptional circumstances sufficient to
excuse her failure to attend her asylum hearing, and to deny the motion on
this basis was an abuse of discretion; remanded to permit the BIA to
determine in the first instance whether petitioner's motion to reopen
warrants a favorable exercise of the BIA's discretion.