Ochoa v. Holder

Summary

The Eighth Circuit denied Ana Rosa Ochoa’s petition for rehearing by the panel after dismissing her petition for review of the Board of Immigration Appeals’ action on her motion to reopen. Judge Colloton dissented, arguing that the panel incorrectly characterized the BIA’s action as a refusal to reopen the case sua sponte and that the government failed to defend that characterization.

Questions Presented

1. Whether the panel correctly characterized the BIA's action on Ochoa's motion to reopen as a refusal to reopen sua sponte rather than a denial of a timely party-filed motion to reopen.
2. Whether rehearing by the panel should be granted in light of the government's failure to defend the key premise of the panel's prior decision.

Disposition

other