Board did not err in denying alien’s motion to reopen his removal proceedings under circumstances where: (1) original removal proceedings ended in 2003; (2) alien filed first motion to reconsider in 2003, which was ultimately denied; and (3) instant second motion to reconsider, which was filed in 2018, was denied on grounds that said motion was time and number barred, since aliens are allowed only one motion to reconsider that must be filed within 90 days of removal order. Moreover, while Board had discretion to reopen removal proceedings sua sponte, alien’s request to Board to reopen his removal proceedings sua sponte is subject to same time and number limitations. Also, Board’s decision to deny reopening case sua sponte is not subject to judicial review.
Federal 7th Circuit Court
Civil Court
Immigration