Hernandez v. Holder, No. 12-71862 (9th Cir. 2013)
Annotate this CasePetitioner, a citizen of Honduras, petitioned for review of the BIA's dismissal of his motion to reopen. The court concluded that petitioner was correct that the Board's place-of-filing rule was a procedural claims-processing rule, not a jurisdictional bar to the Board's authority to consider a motion to reopen. The originating statute, 8 U.S.C. 1229a(c)(7), did nothing to diminish the Board's jurisdiction or authorize the Board to diminish its own jurisdiction. Accordingly, the court granted the petition for review, vacated the Board's order and remanded for further proceedings.
Court Description: Immigration. The panel granted Jose Miguel Euceda Hernandez’s petition for review of the Board of Immigration Appeals’ dismissal of his motion to reopen for lack of jurisdiction pursuant to its “place-of-filing” rule. The panel held that the Board’s interpretation of its place-of-filing rule, providing that a motion to reopen must be filed with the immigration judge when the Board dismisses an appeal on jurisdictional grounds, is only a procedural claims-processing rule and not a jurisdictional bar to the Board’s authority to consider a motion to reopen. The panel vacated the Board’s order and remanded for proceedings consistent with the opinion.
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