Background
Juan Zavalza-Uribe, a native and citizen of Mexico, petitioned for review of a Board of Immigration Appeals decision that denied his motion to reopen his application for cancellation of removal. The Board had previously denied his motion to reconsider its decision denying the motion to reopen.
The court’s reasoning
The court held that the petition was untimely because it was filed more than thirty days after the Board of Immigration Appeals decision issued on September twenty-two, two thousand and twenty-two. The court further found that the Board did not abuse its discretion by denying the motion to reconsider, as the Board adequately explained its decision and its evaluation of the evidence regarding potential hardship was not arbitrary or irrational.
What it means going forward
The denial of the petition leaves the Board of Immigration Appeals decision in place, preventing the petitioner from reopening his application for cancellation of removal based on the arguments raised.