A Board of Immigration Appeals denial of a motion to reopen sua sponte generally is not reviewable because such decisions are committed to agency discretion; a court has jurisdiction to review BIA decisions denying sua sponte reopening for the limited purpose of reviewing the reasoning behind the decisions for legal or constitutional error. Citation of 10 unpublished decisions falls far short of establishing that the BIA has effectively adopted a rule that vacatur of an underlying conviction necessarily requires it to grant reopening sua sponte.
Menendez-Gonzalez v. Barr - filed July 11, 2019
Cite as 2019 S.O.S. 15-73869
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