Lona v. Barr, No. 17-70329 (9th Cir. 2020)Annotate this Case
The Ninth Circuit denied a petition for review of the BIA's decision affirming the denial of petitioner's motion for reconsideration. The panel's review for legal or constitutional error under Bonilla v. Lynch, 840 F.3d 575 (9th Cir. 2016), does not encompass alleged inconsistencies between the BIA's grants or denials of discretionary relief. Rather, the panel looked to whether the particular decision at issue involved legal error.
In this case, the panel held that the BIA's denial of equitable tolling was not unreasonable; notwithstanding the BIA's precedent regarding fundamental changes in the law, the BIA's denial of sua sponte reconsideration here was not premised on legal or constitutional error; and petitioner's "settled course" argument is barred by the panel's general rule that it lacks jurisdiction to review claims "that the BIA should have exercised its sua sponte power" in a given case.