CA9 on Jurisdiction: Euceda Hernandez v. Holder

Court staff summary: "The panel granted Jose Miguel Euceda Hernandez’s petition for review of the Board of Immigration Appeals’ dismissal of his motion to reopen for lack of jurisdiction pursuant to its “place-of-filing” rule.  The panel held that the Board’s interpretation of its place-of-filing rule, providing that a motion to reopen must be filed with the immigration judge when the Board dismisses an appeal on jurisdictional grounds, is only a procedural claims-processing rule and not a jurisdictional bar to the Board’s authority to consider a motion to reopen.  The panel vacated the Board’s order and remanded for proceedings consistent with the opinion." - Euceda Hernandez v. Holder, Dec. 24, 2013.  [Hats off to appointed pro bono counsel Andrew Knapp and his students!]