United States Ninth Circuit
Hernandez v. Holder, 12-71862
A petition for review of the Board of Immigration Appeals' (BIA) dismissal of petitioner's motion to reopen removal proceedings is granted, where the BIA's interpretation of its place-of-filing rule, providing that a motion to reopen must be filed with the immigration judge when the BIA dismisses an appeal on jurisdictional grounds, is only a procedural claims-processing rule and not a jurisdictional bar to the BIA's authority to consider a motion to reopen.
Appellate Information
- Decided 12/24/2013
- Published 12/24/2013
Judges
- CHRISTEN
Court
- United States Ninth Circuit