Guerrero v. Holder, No. 13-1131 (1st Cir. 2014)Annotate this Case
Petitioner, a native and citizen of the Dominican Republic, was physically removed from the United States to the Dominican Republic in 2002 after he received two state convictions with immigration consequences. In 2006, Petitioner entered the United States without inspection or admission. Petitioner subsequently filed an untimely motion with the Board of Immigration Appeals (BIA) to reopen his proceedings. The BIA denied the motion to reopen. In 2008, Petitioner filed an untimely motion to reconsider the BIA’s decision. The BIA decided to sua sponte reopen the proceedings in 2008 and remanded the record back to the Immigration Judge (IJ). The IJ denied relief and ordered Petitioner’s deportation. Petitioner appealed. In 2012, the BIA determined that its 2008 order sua sponte reopening proceedings was issued in error and ultimately denied Petitioner’s 2008 motion to reconsider. Petitioner petitioned for review of the BIA’s 1012 order effectively denying sua sponte reopening proceedings. The First Circuit dismissed the petition for judicial review, holding that it lacked jurisdiction to review the BIA’s decision to deny reopening removal proceedings sua sponte.