What are the requirements of a motion to remand?

MultiRegion, United States of America

The following excerpt is from Bahadori v. U.S.I.N.S., 947 F.2d 949 (9th Cir. 1991):

The requirements of a motion to remand are the same as a motion to reopen. Rodriguez v. INS, 841 F.2d 865, 867 (9th Cir.1987). The BIA may deny a motion to reopen on at least three independent grounds: that the movant has not established a prima facie case for the substantive relief sought; that the movant has failed to introduce previously unavailable, material evidence; or, in the case of asylum, that the movant is not entitled to the favorable exercise of discretion. INS v. Abudu, 485 U.S. 94, 104-105, 108 S.Ct. 904, 911-12, 99 L.Ed.2d 90 (1988).

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