BIA Unpub. on Jurisdiction

"The Ninth Circuit recently held that nothing in section 241 (a)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1231(8)(5), or its implementing regulations deprives the agency of discretion to afford an alien a new plenary removal bearing. Villa-Anguiano v. Holder, 727 F.3d 873, 878 (9th Cit. 2013).  Further, the DHS has discretion to forgo reinstatement in favor of initiating new removal proceedings.  Id.  Neither the Act nor the implementing regulations, see 8 C.F.R. §§ 241.8 and 1241.8, prohibit an Immigration Judge from exercising jurisdiction over removal proceedings simply because a respondent had a prior order of removal, left, and subsequently reentered illegally." - Matter of X-, Jan. 2, 2014.  [Hats off to Johanna Cohen!]