CA1 on Motions to Reopen: Tulung v. Garland

Tulung v. Garland

"[I]n reviewing the motion to reopen, the BIA discarded evidence -- without considering its merits -- on legally unjustifiable bases. The BIA retains wide latitude to weigh such evidence but may not ignore it based on legal error. Resultingly, we grant in part the petition for review, vacate the denial of the motion to reopen, and remand for further proceedings."

[Hats off to William A. Hahn!  Audio of the oral argument is here.]