Salcido Mar v. Garland, No. 20-3426 (8th Cir. 2022)
Annotate this CaseThe Eighth Circuit concluded that it lacked jurisdiction to review the BIA's refusal to sua sponte reopen immigration proceedings because the decision is purely discretionary. The court also concluded that equitable tolling, even if petitioner raised the issue, does not fall into the narrow exception allowing the court to consider colorable constitutional claims.
Court Description: [Erickson, Author, with Gruender and Stras, Circuit Judges] Petition for Review - Immigration. The court lacks jurisdiction to review the Board of Immigration Appeals' refusal to sua sponte reopen petitioner's proceedings because it is a purely discretionary decision; petitioner's equitable tolling argument does not fall within the narrow exception which permits the court to consider colorable constitutional claims.
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.