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· 4/23/2013

Salgado-Toribio v. Holder

Citations

  • 713 F.3d 1267
  • 2013 WL 1731220
  • 2013 U.S. App. LEXIS 8268

How courts have described this case

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

  • holding court of appeals lacks jurisdiction to review BIA’s discretionary decision that alien’s situation did not warrant sua sponte reopening of his removal proceedings
  • suggesting that appellate courts can review “questions of law” raised by the Board’s refusal to reopen sua sponte
  • noting that when the Board makes a legal determination, “[w]e do have jurisdiction to review” if there are “questions of law” presented (internal quotation marks omitted) (quoting 8 U.S.C. § 1252(a)(2)(D))
  • applying 28 U.S.C. § 1915 to petition for review of BIA decision
  • “[O]ur precedent clearly forecloses any review” of the Board’s 5 discretionary decision “not to reopen removal proceedings sua sponte.”
  • \We do have jurisdiction to review 'constitutional claims or questions of law' raised in a petition for review.\ (quoting 8 U.S.C. § 1252(a)(2)(D))

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Brien, McKay, Baldock

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.