Ojo v. Lynch, No. 15-1138 (4th Cir. 2016)
Annotate this CasePetitioner, a native of Nigeria and the adopted son of a United States citizen, petitioned for review of the BIA's denial of his motion to reopen removal proceedings. At issue is the statutory phrase, “adopted while under the age of sixteen years.” 8 U.S.C. 1101(b)(1)(E)(i). The court concluded that the plain meaning of “adopted” in section 1101(b)(1)(E)(i) forecloses the BIA’s summary disregard of facially valid nunc pro tunc orders relating to adoptions conducted by the various state courts. Here, it was contrary to law for the BIA not to recognize the nunc pro tunc order in petitioner's case and thus the BIA abused its discretion in denying petitioner's motion to reopen his removal proceedings. Accordingly, the court granted the petition for review.
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