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Keywords

jurisdictionhearingmotion
jurisdictionhearingmotion

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Potdar v. Mukasey

Facts

The case involves a petition for rehearing concerning the jurisdiction of the Seventh Circuit to review the BIA's order on a motion to reopen. The court noted that this case is subject to an exception established in prior cases, specifically Ali v. Gonzales and Subhan v. Ashcroft, which set the groundwork for the current jurisdictional question.

The petition for rehearing is granted limited to the issue of whether, in this case, this court has jurisdiction to review the BIA's order concerning the motion to reopen because this case falls within the exception to Ali v. Gonzales, 502 F.3d 659 (7th Cir. 2007) set forth in Subhan v. Ashcroft, 383 F.3d 591 (7th Cir. 2004).

Issue

Whether the Seventh Circuit has jurisdiction to review the BIA's order concerning the motion to reopen in this case.

Whether, in this case, this court has jurisdiction to review the BIA's order concerning the motion to reopen.

Rule

The court referenced the exceptions to jurisdiction established in Ali v. Gonzales and Subhan v. Ashcroft to determine its authority to review the BIA's order.

This court has jurisdiction to review the BIA's order concerning the motion to reopen because this case falls within the exception to Ali v. Gonzales, 502 F.3d 659 (7th Cir. 2007) set forth in Subhan v. Ashcroft, 383 F.3d 591 (7th Cir. 2004).

Analysis

The court analyzed the jurisdictional issue by considering the exceptions outlined in previous cases. It concluded that the current case met the criteria for review, thereby allowing the court to proceed with the rehearing.

The petition for rehearing is granted limited to the issue of whether, in this case, this court has jurisdiction to review the BIA's order concerning the motion to reopen because this case falls within the exception to Ali v. Gonzales, 502 F.3d 659 (7th Cir. 2007) set forth in Subhan v. Ashcroft, 383 F.3d 591 (7th Cir. 2004).

Conclusion

The Seventh Circuit granted the petition for rehearing, affirming its jurisdiction to review the BIA's order regarding the motion to reopen.

IT IS SO ORDERED.

Who won?

The petitioner, Potdar, prevailed in the case as the court granted the rehearing based on its jurisdiction to review the BIA's order.

The petitioner, Potdar, prevailed in the case as the court granted the rehearing based on its jurisdiction to review the BIA's order.

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