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Immigration Law

Supreme Court, 8-1, Reverses CA5: Reyes Mata v. Lynch

"An alien ordered to leave the country has a statutory right to file a motion to reopen his removal proceedings.  See 8 U. S. C. §1229a(c)(7)(A).  If immigration officials deny that motion, a federal court of appeals has jurisdiction to consider a petition to review their decision.  See Kucana v. Holder, 558 U. S. 233, 242, 253 (2010).  Notwithstanding that rule, the court below declined to take jurisdiction over such an appeal because the motion to reopen had been denied as untimely.  We hold that was error." - Reyes Mata v. Lynch, June 15, 2015.