Gyamfi v. Whitaker, No. 18-1093 (1st Cir. 2019)Annotate this Case
The First Circuit denied and dismissed Petitioner’s petition challenging the Board of Immigration Appeals’s (BIA) denial of her motion to reopen and the BIA’s decision not to exercise its sua sponte authority to reopen her case to grant her request for an adjustment of status, holding that Petitioner was not entitled to relief.
Specifically, the First Circuit held (1) Petitioner’s petition for review was denied as to her challenge to the BIA’s determination that the motion to reopen was untimely; and (2) because Petitioner had no colorable constitutional or legal claim on which the Court might base jurisdiction, the petition was dismissed for lack of jurisdiction as to Petitioner’s challenge to the BIA’s decision not to exercise its authority to reopen sua sponte.