· 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 CourtListenerSourced 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.