Background
Petitioner Veronica Ivonne Paez Montiel, a native and citizen of Mexico, petitioned for review of a Board of Immigration Appeals order denying her second motion to reopen proceedings. She argued the Board erred by failing to apply the exceptional situations standard and by treating her motion as a request to terminate proceedings under Matter of Coronado Acevedo.
The court’s reasoning
The court noted that judicial review of the Board’s refusal to exercise sua sponte authority is limited to assuring the Board made its decision on the correct understanding of applicable legal principles. The court found that exceptional situations and exceptional circumstances are not judicially manageable standards. The Board did not misunderstand its broad discretion, nor did it misconstrue the Petitioner’s motion which sought reopening and termination for Special Immigrant Juvenile classification.
What it means going forward
The petition for review is denied, and the Board’s order denying the motion to reopen remains in effect.