Immigration and Naturalization Service v. Abudu

Summary

The Supreme Court held that a court of appeals must review the Board of Immigration Appeals’ denial of a motion to reopen deportation proceedings under an abuse-of-discretion standard. The Court concluded that the Board did not abuse its discretion in finding that the respondent had not reasonably explained his failure to apply for asylum during the original deportation proceedings.

Holdings

1. A court of appeals must review the BIA's denial of a motion to reopen under 8 C.F.R. §§ 3.2 or 208.11 for abuse of discretion when the denial rests on the alien's failure to present previously unavailable, material evidence or to reasonably explain the failure to seek asylum initially.
2. The BIA did not abuse its discretion in finding that Abudu had not reasonably explained his failure to seek asylum during the original deportation proceeding; the Ninth Circuit's reversal of the denial of reopening was therefore improper.

Questions Presented

1. What standard of review applies when the BIA denies a motion to reopen deportation proceedings because the alien failed to reasonably explain the failure to seek asylum initially or failed to present previously unavailable and material evidence?
2. Whether the BIA abused its discretion in concluding that Abudu had not reasonably explained his failure to apply for asylum before completion of the original deportation proceedings.

Disposition

reversed