White v. Wilkinson, No. 19-3517 (8th Cir. 2021)Annotate this Case
The Eighth Circuit denied a petition challenging the BIA's denial of petitioner's motion to reopen. The Board denied petitioner's motion as untimely because it was filed more than 90 days after the Board had issued a final administrative decision. The court concluded that petitioner's claims for discretionary relief fail because petitioner does not have a constitutionally protected interest in receiving a second try at a cancellation-of-removal proceeding. Furthermore, because petitioner had no protected interest in a second proceeding, her Fifth Amendment due process challenge to the BIA's decision to deny her motion to reopen failed. Finally, the court concluded that the BIA did not abuse its discretion in denying the motion based on its determination that the new evidence petitioner submitted was not new or material.