The New York Times recently highlighted a lawsuit filed by the American Immigration Council and...
Legal Action Center Pursues Campaign to Protect Judicial Review
Released on Wed, Mar 30, 2011
Washington D.C. - In a continuing effort to protect the right to judicial review and promote greater federal court oversight of immigration decisions, the American Immigration Council's Legal Action Center (LAC) recently submitted an amicus brief in another case involving a sua sponte motion to reopen. A three-judge panel in this case, Salado-Alva v. Holder, No. 10-73142 (9th Cir.), said that the Board of Immigration Appeals' denial of the sua sponte motion was not reviewable. The panel relied on prior cases holding that decisions on sua sponte motions "are committed to agency discretion." The LAC is urging the Ninth Circuit Court of Appeals to rehear the case en banc.
The LAC argues that under the U.S. Supreme Court's 2010 decision in Kucana v. Holder, the Board of Immigration Appeals cannot shield its decisions from judicial review by labeling decisions on sua sponte motions "discretionary." Only Congress can limit court review of motions to reopen, and it has not done so. Moreover, the result in this case is irreconcilable with other Ninth Circuit decisions. The petitioner is represented by the U.C. Davis Immigration Law Clinic.
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