CA7 Finds BIA Violated Applicant’s Statutory Right to a Reasonable Opportunity to Present Evidence of Eligibility

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).