Yasin v. Attorney General United States, No. 20-2509 (3d Cir. 2021)
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Yasin, a citizen of Pakistan, last entered the United States more than 20 years ago. In 2002, he became subject to a final BIA removal order but continued residing in the U.S. In 2017, he and his U.S.-citizen wife had a U.S.-citizen daughter. Yasin’s daughter requires regular medical treatment to address gross developmental delays. Seven months after his daughter’s birth, Yasin filed an I-360, Petition for Amerasian, Widow(er), or Special Immigrant, requesting classification “as the abused spouse of a United States citizen” under the Violence Against Women Act (VAWA). His I-360 self-petition was approved over two years later.
Yasin then moved to reopen sua sponte his removal proceedings on the ground that reopening was warranted to address his classification as an abused spouse under VAWA. The BIA denied his motion, refusing to grant Yasin a waiver of the one-year limitations period, 8 U.S.C. 1229a(c)(7)(C)(iv)(III), applicable to VAWA-based motions to reopen. The Third Circuit denied a petition for review. Because the BIA’s decision whether to waive the limitations period is an exercise of discretion committed by statute to the Attorney General, the court applied 8 U.S.C. 1252(a)(2)(B)(ii)’s jurisdiction-stripping provision and held that it lacked jurisdiction to review Yasin’s motion.
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