Barajas-Salinas v. Holder, Jr., No. 13-3285 (8th Cir. 2014)
Annotate this CasePetitioner, a native of Mexico, petitioned for review of the BIA's denial of his motion to reopen and challenged the BIA's refusal to open his case sua sponte. The court concluded that it had no jurisdiction to review the Board's June 2013 order denying the April 2013 motion to reopen where petitioner's contentions regarding the Board's evaluation of new factual information presented no question of law. Further, the court lacked jurisdiction to review the Board's refusal to reopen a case sua sponte because there is no meaningful standard against which to judge the agency's exercise of discretion and the determination is committed to agency discretion by law. Accordingly, the court dismissed the petition for review.
Court Description: Petition for Review - Immigration. The court lacks jurisdiction to review the BIA's order denying a motion to reopen and also lacks jurisdiction to review the BIA's refusal to reopen the case sua sponte. [ July 28, 2014
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