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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

Counsel

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