Category Archives: Motion to Reopen

A court of appeals also may set aside a decision in which the BIA has abused its discretion in applying the law to the facts-7th Cir

Posted on May 4, 2010 by Mike Baker

Kucana v. Holder, No. 07-1002“The Supreme Court remanded this proceeding to the 7th Circuit for decision on the merits after holding that 8 U.S.C. §1252(a)(2)(B) does not affect judicial review of situations in which immigration officials’ discretion is specified by … Continue reading →

Posted in Kucana v. Holder, Motion to Reopen, U.S. Supreme Court | Leave a comment

Establishing good cause for a continuance of proceedings-7th Cir. 2010

Posted on March 26, 2010 by Mike Baker

Juarez v. Holder, No. 08-1788: Denial of Motion to Reopen/Noncompliance with Biometrics Requirements Juarez v. Holder (Sykes) Oral Argument | Full Text Petition for review BIA’s decision that petitioners’ untimely applications and failure to provide the required biometrics meant they had … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Motion to Reopen | Leave a comment

Motion to Reopen After Departure from U.S./Sua Sponte Authority to Consider Belated Motions

Posted on March 6, 2010 by Mike Baker

CA7 affirmed denial of motion to reopen by departed alien, finding that petitioner’s motion was unquestionably time-barred where petitioner offered no basis to excuse a six-plus year delay in moving to reopen. (Munoz de Real v. Holder, 2/11/10). A petition … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Motion to Reopen | Leave a comment

Voluntary Departure, conclusion of removal proceedings

Posted on July 7, 2008 by Mike Baker

Supreme Court Holds that Alien Must Be Allowed to Withdraw Request for Voluntary Departure but Voluntary Departure Is Not Automatically TolledDada v. Mukasey, 128 S. Ct. 2307 (U.S. June 16, 2008) Petitioner, a native and citizen of Nigeria, who had … Continue reading →

Posted in conclusion of removal proceedings, Motion to Reopen, Voluntary Departure | Leave a comment