BIA Reopened and Terminated Proceedings After IJ Abuse of Discretion (Unpub.)

BIA Reopened and Terminated Proceedings After IJ Abuse of Discretion (Unpub.)

Raed Gonzalez writes: "The IJ denied a sua sponte motion to reopen a case for an individual ordered removed on 2000 prior to Chapa Garza, whose motion to reopen was filed on 2013 after the 2012 5th Circuit decisions of Lari and Carias.  The IJ denied creating a new rule finding that since the 5th Circuit decisions were rendered last September, the respondent had 90 days from that date in September  to file to reopen.  After respondent argued abuse of discretion and gross miscarriage of justice, a three member panel not only reopened, but terminated proceedings against the respondent.  He automatically regained his residency lost on 2000.  Too bad it wasn’t published!" - Matter of Parada-Villegas, Sept. 23, 2013, unpub.