Tapia-Lemos v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 11-2721
Decision Date: 
August 31, 2012
Federal District: 
Petition for Review, Order of Dept. of Homeland Security
Petition dismissed
Ct. of Appeals dismissed for lack of jurisdiction alien's appeal of Bd.'s denial of his request to reopen Bd.'s 1997 decision that affirmed alien's removal following his hit-and-run conviction. While denial of bona fide motion to reopen is reviewable under 8 USC section 1252(a), alien had 90 days from final removal order in 1997 to file any motion to reopen, and instant motion to reopen was not filed until May of 2011. Moreover, motion to reopen was still untimely even if operative order was Nov.1, 2010 reinstatement of 1997 removal order, which was entered following defendant's most recent illegal re-entry into U.S. However, reinstated order was not subject to reopening.