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Tag Archives: Motions to reopen

11-1386 Lemos v. Holder

Immigration Removal; motions to reopen Where an alien did not timely file a motion to reopen a removal order, his petition must be dismissed for lack of jurisdiction. “Tapia received the order on November 1. His signature is on the order; so is his thumbprint. Perhaps the Department did not ‘serve’ the order in the sense of mailing an additional ...

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09-3179 Jiang v. Holder

Immigration Asylum; motions to reopen Where the evidence an asylum claimant offered in her motion to reopen was available at the original hearing, the motion was properly denied. “Nor can Jiang rely on her claim that because she has had two children in the United States she will face persecution in China for violations of that country’s one-child policy. That ...

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2009AP3055 Mansfield v. Smith

Civil Procedure Default judgment; motions to reopen; excusable neglect Paul Smith appeals the order denying his motion to reopen the case, in which a default judgment for replevin of his vehicle had been entered. He argues that his failure to appear at the initial hearing was caused by excusable neglect and, if the case were reopened, he would prevail. We ...

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09-3713 Liang v. Holder

Immigration Asylum; motions to reopen Having a child is not grounds for an asylum claimant from China to reopen removal proceedings. “[T]he facts that Liang had gotten married, given birth to one child, and was pregnant with another since her previous hearing do not constitute grounds to reopen the proceedings. These events represent changes in her personal conditions. See Zhao ...

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2009AP2074 State ex rel. Campbell v. Schwarz

Criminal Procedure Probation; revocation; motions to reopen John Campbell appeals a certiorari decision affirming the administrative denial of his motion to reopen a probation revocation hearing based upon newly discovered evidence. For the reasons discussed below, we conclude that Campbell was entitled to have his revocation hearing reopened. Accordingly, we reverse the trial court’s order and remand with directions that ...

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08-4288 Redmond v. Fifth Third Bank

Bankruptcy Motions to reopen It was not an abuse of discretion for a bankruptcy court to refuse to reopen a case four years after it closed. “As the bankruptcy court noted here, Redmond’s delay ‘dwarfs’ the two-year delay in Bianucci. Redmond received the payoff letters at the root of this dispute in 1998, and he proceeded to litigate the matter ...

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