Holding that where allegations are "unsupported by affidavit" they cannot support a motion to reopen because this would constitute a circumvention of the affidavit requirement in the regulations
Noting that where an appeal is pending and the BIA has yet to issue a decision, a motion to reopen before the BIA should be treated as a motion to remand
8 U.S.C. § 1153 Cited 1,232 times 10 Legal Analyses
Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"