Luis v. Immigration & Naturalization Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the court had “no jurisdiction” to review the decision of the BIA not to reopen removal proceedings sua sponte because “the decision of the BIA whether to invoke its sua sponte authority is committed to its unfettered discretion.”
• holding that under Heckler the court lacked juris- diction to review the BIA’s refusal to reopen sua sponte because “[t]here are no guidelines or standards which dictate how and when the BIA should invoke its sua sponte power”
• rejecting on jurisdictional grounds an argument not first made to the BIA
• “There are no guidelines or standards which dictate how and when the BIA should invoke its sua sponte power under [section 1003.2(a) J.”
• “[I]f no judicially manageable standards are available for judging how and when an agency should exercise its discretion, then it is impossible to evaluate agency action for ‘abuse of discretion.’” (alteration in original

Source: CourtListener parenthetical corpus (CC0).