Donnee v. Holder

Petitioner, a native and citizen of Haiti, was charged with removability. An Immigration Judge (IJ) eventually ordered Petitioner removed to Haiti. Petitioner filed a motion to reopen the proceedings, alleging that because he had been granted temporary protected status (TPS) he was no longer removable, and that, at a minimum, his case should be administratively closed. The IJ denied the motion, concluding that Petitioner’s receipt of TPS was not a material change justifying reopening his case and that Petitioner’s TPS status did not warrant reopening the case so that the proceedings could be administratively terminated. The Board of Immigration Appeals (BIA) dismissed Petitioner’s subsequent appeal. The First Circuit Court of Appeals denied Petitioner’s petition for review, holding that the BIA did not commit legal error when it refused to reopen Petitioner’s removal proceedings so that they could be administratively closed based on Petitioner’s grant of TPS. View "Donnee v. Holder" on Justia Law