Background
Mirabel Kume Yong, a native and citizen of Cameroon, petitioned for review of the Board of Immigration Appeals decision denying her motion to reopen. She challenged the denial of a sua sponte regulatory reopening under Section one thousand three point two of the Code of Federal Regulations, contending the Board failed to properly consider her positive equities. The Government argued the court lacked jurisdiction to review the challenge.
The court’s reasoning
The court held it lacks jurisdiction to review the Board’s denial of sua sponte regulatory reopening because there is no legal standard by which to judge the Board’s discretionary decision under Section one thousand three point two of the Code of Federal Regulations. The court cited Garcia-Gonzalez versus Garland. Additionally, the petitioner did not brief any argument contesting the Board’s determination that her motion to reopen was untimely under Section twelve hundred twenty-nine point A subsection C paragraph seven subsection C subsection one of the United States Code, thus waiving any such challenge.
What it means going forward
The dismissal reinforces the jurisdictional bar in the Fifth Circuit against reviewing discretionary denials of sua sponte regulatory reopenings by the Board of Immigration Appeals.
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