Court of Appeals for the Second Circuit August 17, 2007, Docket 03-40395-ag(L), 05-1058-ag(CON) (Burger v. Gonzales)

McLAUGHLIN, Circuit Judge:

This Court recently held that if the Board of Immigration Appeals (“BIA”) intends to take administrative notice of potentially dispositive facts, it must warn a petitioner and provide the petitioner with an opportunity to respond before it denies a motion to reopen on the basis of those facts.

See Chhetry v. U.S. Dep’t of Justice,

490 F.3d 196, 201 (2d Cir.