United States Third Circuit
Desai v. Attorney General of the US, 11-3229
A petition for review of a BIA's denial of a motion to reopen sua sponte is denied, as because the BIA considers motions sua sponte pursuant to a grant of authority from the Attorney General, there is no statutory basis for a motion to reopen in the sua sponte context, and the concern driving the holding in Prestol Espinal -- that the post-departure bar undermines an alien's statutory right to file one motion to reopen --- does not extend to cases like this one, where neither that statutory right nor congressional intent is implicated.
Appellate Information
- Decided 08/21/2012
- Published 08/21/2012
Judges
- Hardiman
Court
- United States Third Circuit