What is the test for a motion to reopen a hearing for abuse of power?
MultiRegion, United States of America
The following excerpt is from Chernykh v. Holder, Agency No. A-088-906-743, No. 10-70310, No. 11-70992 (9th Cir. 2014):
2. We review the denial of a motion to reopen for abuse of discretion. Oyeniran v. Holder, 672 F.3d 800, 806 (9th Cir. 2012). A motion to reopen requires a showing that the "evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing." 8 C.F.R. 1003.2(c)(1).
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