Cortina-Chavez v. Sessions

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 17-2116
Decision Date: 
July 5, 2018
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition dismissed and denied in part

Bd. did not abuse its discretion in denying alien’s motion for reconsideration of his administrative appeal of order denying his requests for asylum and withholding of removal, where alien had filed Notice of Appeal that contained only brief, conclusory arguments as points of his appeal and had failed to file written brief in support of his arguments. Ct. of Appeals lacked jurisdiction to consider alien’s argument that Bd. should have sua sponte reconsidered its initial dismissal of his appeal. Moreover, with respect to motion to reconsider, although alien challenged Bd.’s characterization of his Notice of Appeal, alien failed to challenge fact that his counsel had failed to file written brief, which was sufficient by itself to support denial of motion to reconsider. Also, single Bd. member had authority to deny instant motion to reconsider.