United States Tenth Circuit

The Board of Immigration Appeals' appeals requirements are claim-processing rules and not jurisdictional. A petition for review of a denial of a motion to reopen is denied where there was no abuse of discretion in a finding that petitioner was an alien since the only basis for his motion, a U.S. passport, no longer existed.

Appellate Information

• Decided 04/12/2006
• Published 04/12/2006

Judges

• McKAY, Circuit Judge., Before HENRY, McKAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Sandra Saltrese-Miller, Boulder, CO, for Petitioner.


• For Appellees:
  
• James E. Grimes, Attorney, Office of Immigration Litigation (Mary Jane Candaux, Senior Litigation Counsel, with him on the brief), Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent.