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· 7/1/1992

COELHO

Citations

  • 20 I. & N. Dec. 464

Syllabus

COELHO, 20 I&N Dec. 464 (BIA 1992) ID 3172 (PDF) (1) The Board of Immigration Appeals may deny a motion to remand or motion to reopen proceedings where a prima facie case for the relief sought has not been established or in the absence of previously unavailable, material evidence or where the ultimate relief is discretionary, if the relief would not be granted in the exercise of discretion. (2) A party who seeksa remand or to reopen proceedings to pursue relief bears a \heavyburden\ of proving that if proceedings before the immigration judgewere reopened, with all the attendant delays, the new evidence would likelychange the result in the case.

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