Cupi v. Keisler
Opinion of the Court
SUMMARY ORDER
Petitioner Gezim Cupi (“Cupi”), a citizen of Albania, seeks review of an October 24, 2006 order of the BIA, affirming the May 9, 2005 decision of Immigration Judge (“IJ”) Robert Weisel, denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”), In re Cupi, No. A 96 453 452 (B.I.A. Oct. 24, 2006), ajfg No. A 96 453 452 (Immig. Ct. N.Y. City May 9, 2005).
Where, as here, the BIA affirms the IJ’s decision without adopting the reasoning of the IJ to any extent, we review only the decision of the BIA. Ming Xia Chen v. BIA, 435 F.3d 141, 144 (2d Cir. 2006). Cupi principally contends that the BIA denied his right to due process when it took administrative notice of facts that supported a finding of changed country conditions in Albania. We agree and remand so that Cupi may have a chance to respond to those facts.
Aliens are entitled to due process and must be “afforded the opportunity to be heard at a meaningful time and in a meaningful manner.” Burger v. Gonzales, 498
For the foregoing reasons, the petition for review is GRANTED, the decision of the BIA is VACATED, and the case is REMANDED. Having completed our review, the pending motion for a stay of removal in this petition is DENIED as moot.
. Cupi does not appeal from the denial of his asylum claim.
. The government's arguments that Burger does not apply here because of the implementation of 8 C.F.R. § 1003.l(d)(3)(iv), because Cupi did not file a motion to reopen with the BIA, because the administratively noticed facts were not the sole basis of the BIA’s decision, or because any error was harmless are all unavailing.
Reference
- Full Case Name
- Gezim CUPI v. Peter D. KEISLER, Acting Attorney General, United States Department of Justice
- Status
- Published