Alejandro Islas-Saldana v. Merrick B. Garland, No. 22-1366 (8th Cir. 2023)
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Petitioner petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reconsider the denial of an administrative closure of his removal proceedings. Petitioner moved for reconsideration, arguing an intervening BIA decision -- Matter of Cruz-Valdez -- granted administrative closure authority the BIA previously found lacking and instructed the Board to apply the administrative closure standard set out in Avetisyan. The BIA agreed
The Eighth Circuit denied Petitioner’s petition for review. The court held that the BIA did not abuse its broad discretion to deny motions to reconsider. As in Gonzalez-Vega, the court concluded it is “clear from the record that the [BIA] had the appropriate [Avetisyan] considerations in mind and committed no clear error of judgment in weighing them.” Petitioner argued the BIA did not analyze all the Avetisyan factors. But the court wrote it does not require the Board “to recite the considerations mechanically when applying them to the facts.” The BIA announced its decision in terms sufficient to enable us to perceive that it has heard and thought and not merely reacted. Accordingly, the BIA did not abuse its broad discretion in denying the motion to reconsider
Court Description: [Loken, Author, with Gruender and Grasz, Circuit Judges] Petition for Review - Immigration. Board of Immigration appeals did not abuse its broad discretion to deny Petitioner's motion to reconsider, as it is clear from the record the Board considered the appropriate legal factors, committed no clear error in judgment in weighing those factors, and announced its decision in terms sufficient to allow this Court to perceive it has heard and thought.
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