Ahir v. Holder
December 30, 2009
**Motion to remand**
Because the BIA lacked jurisdiction to consider Ahir’s newly submitted evidence on appeal, the BIA did not abuse its
discretion in concluding that Ahir failed to rebut the strong presumption of effective service arising from the service of his hearing notice by certified mail. In addition, the BIA was within its discretion in declining to remand because the newly submitted evidence was previously available and could have been provided in support of Ahir’s motion to reopen.
http://www.ca9.uscourts.gov/datastore/memoranda/2009/12/30/07-70515.pdf
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