Very exciting news yesterday.
One of the cases that I personally briefed to the Ninth Circuit has been scheduled for Oral Arguments on October 6, 2010. I believe the reason they are looking at this case is because of the novel legal argument I raised on appeal.
The issue is unresolved and stems from the statutory interpretation of two on conflicting sections of the INA (Immigration and Nationality Act), 8 USC § 1229a(c)(7)(A) and 8 USC § 1158(a)(2)(B). Both statutes and their enabling regulations govern motions to reopen removal proceedings.
To be continued.