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The court grants petition, vacates BIA decision and remands

BIA

Court grants petition, vacates BIA decision and remands. Finds that once the BIA assumed IJ’s error in disregarding the motion for a continuance, it should have remanded the case to allow the IJ to consider the additional evidence or addressed the petitioner’s alternative ground for eligibility as a matter of law. (Figueras v. Holder, 7/27/09).