Gonzalez v. Barr, No. 18-3280 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit denied a petition for review of the BIA's denial of petitioner's motion to reopen in abstentia deportation proceedings from 1994. The court held that the BIA did not abuse its discretion in denying the motion to reopen based on a claim of lack of notice, because he had previously admitted in his first motion to reopen that he had received notice and his attorney's admission was binding absent a claim of ineffective assistance of counsel, which was not present here. Finally, the court lacked jurisdiction to review the BIA's refusal to sua sponte reopen the proceedings.
Court Description: Wollman, Author, with Benton and Grasz, Circuit Judges] Petition for Review - Immigration. The BIA did not abuse its discretion in denying petitioner's motion to reopen in absentia proceedings based on a claim of lack of notice; his judicial admission established he had received a notice and his attorney's admission was binding absent a claim of ineffective assistance of counsel, and there was no such claim here; the court lacks jurisdiction to review the BIA's refusal to sua sponte reopen the proceedings. [ July 03, 2019
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