Joseph v. Lynch

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 14-2935
Decision Date: 
July 14, 2015
Federal District: 
Petition for Review, Order of Immigration Appeals
Holding: 
Petition dismissed
Ct. of Appeals lacked jurisdiction to act on plaintiff-alien’s petition for review of Bd.’s order denying alien’s third motion to reopen his removal proceedings that was premised on claim under Violence Against Women Act (VAWA) that he was facing removal as victim of domestic violence. Decision whether to waive otherwise untimely motion to reopen that invokes VAWA is matter solely within discretion of Attorney General under 8 USC section 1229a(c)(7)(iv)(III) that precluded review by Ct. of Appeals. Moreover, alien’s appeal concerned only how Bd. treated significance of his newly tendered evidence seeking to establish that his removal would create extreme hardship on alien’s two sons, which is outside jurisdiction of Ct. of Appeals to consider.