Menendez-Gonzalez v. Barr

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The Ninth Circuit held that it generally lacked jurisdiction to review a decision by the BIA not to exercise its sua sponte authority to reopen removal proceedings. In Bonilla v. Lynch, the panel held that it has jurisdiction to review denial of a motion to reopen sua sponte only for the limited purpose of reviewing the reasoning behind the decisions for legal or constitutional error.The panel denied a petition for review of the BIA's decision denying sua sponte reopening based on the vacatur of the criminal conviction underlying his removal order. The panel held that petitioner failed to establish legal or constitutional error in the BIA's reasoning such that the panel had jurisdiction to review that decision. View "Menendez-Gonzalez v. Barr" on Justia Law