Mejia v. Whitaker, No. 16-60179 (5th Cir. 2019)
Annotate this CasePetitioner, a native and citizen of Honduras, sought review of the BIA's decision denying his motion to reopen his removal proceedings so that he could apply for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Fifth Circuit held that the BIA acted within its discretion in declining to reopen petitioner's in absentia removal proceedings based on lack of notice. The court did not reach the merits of petitioner's claim contending that the BIA abused its discretion denying his motion to reopen because the court lacked jurisdiction under 8 U.S.C. 1231(a)(5), over this question of fact. The court also held that petitioner's contention that the BIA violated his due process rights was unavailing, because this court has held that no liberty interest existed in a motion to reopen, and therefore due process claims were not cognizable in the context of reopening proceedings. The court rejected petitioner's remaining claims and dismissed the petition in part and denied it in part.
This opinion or order relates to an opinion or order originally issued on February 2, 2018.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.