United States First Circuit

The petition for review of the Board of Immigration Appeals (BIA)'s order refusing to reconsider a previous denial of a motion to reopen is dismissed, where this Court lacks jurisdiction of the claims asserted in the petition because: 1) petitioner's motion to reopen, which was not filed until more than a year after the order of removal became final, invoked only the BIA's sua sponte authority; 2) the decision whether to exercise this sua sponte authority is committed to the unbridled discretion of the BIA, and the courts lack jurisdiction to review that judgment; and 3) when an appellate court lacks jurisdiction to review an agency's denial of particular relief, it must also lack jurisdiction to review the denial of a motion to reconsider the failure to grant that relief.

Appellate Information

• Decided 12/06/2013
• Published 12/06/2013

Judges

• SELYA

Court

• United States First Circuit

Counsel