Background
The petitioner, Gaudencio Bazan-Huerta, sought review of a Board of Immigration Appeals decision that affirmed an immigration judge’s denial of his motion to dismiss removal proceedings. The petitioner had filed motions under 8 C.F.R. Section 1239.2(c) and argued that the immigration judge lacked jurisdiction to adjudicate the motion.
The court’s reasoning
The court reviewed the BIA’s denial for abuse of discretion and legal conclusions de novo. The court found that 8 C.F.R. Section 1239.2(c) permits the Government to move for dismissal, not the petitioner. The petitioner presented no evidence that the Department of Homeland Security intended to join his motion. The court also held that the BIA did not err in failing to address the petitioner’s argument regarding the immigration judge’s jurisdiction because the petitioner failed to exhaust that claim by not raising it before the BIA with specific arguments.
What it means going forward
The decision reinforces that private parties cannot unilaterally move to dismiss removal proceedings under the cited regulation and emphasizes the strict requirement to exhaust administrative remedies by presenting specific arguments to the Board of Immigration Appeals.
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