Hernandez-Castillo v. Sessions

Petitioner, a native of El Salvador, petitioned for review of the BIA's order upholding the denial of his motion to reopen removal proceedings and declining to reopen proceedings sua sponte or to grant administrative closure. The Fifth Circuit denied the petition in part because the BIA did not abuse its discretion in dismissing the petition and declining to administratively close the case. In this case, the controlling statutory requirements, of which petitioner had notice, obligated him to keep the immigration court apprised of his current contact information. Therefore, the court rejected petitioner's claims of lack of notice and violation of due process. The court dismissed in part because it lacked jurisdiction to review the BIA's refusal to reopen proceedings sua sponte. View "Hernandez-Castillo v. Sessions" on Justia Law