Payeras v. Sessions, No. 17-1584 (8th Cir. 2018)Annotate this Case
The Eighth Circuit granted a petition for review of the BIA's order dismissing petitioner's administrative appeal of the IJ's denial of her motion to reopen removal proceedings and rescind her in absentia removal order. The court held that the BIA abused its discretion because it did not address whether petitioner's inability to get proper medical attention constituted exceptional circumstances sufficient to excuse her failure to attend her asylum hearing. Therefore, the court remanded for the agency to determine in the first instance whether petitioner's motion to reopen warranted a favorable exercise of the BIA's discretion.