Summary
The Board of Immigration Appeals denied a motion to reopen removal proceedings sua sponte. It held that a valid marriage to a United States citizen entered into after a removal order, together with approval of an immigrant visa petition, did not constitute a truly exceptional situation warranting discretionary reopening.
Holdings
- A respondent's valid marriage to a United States citizen entered into after a removal order does not, by itself, constitute an exceptional situation warranting sua sponte reopening of removal proceedings.
Questions Presented
- Whether a respondent's valid marriage to a United States citizen entered into after a final order of removal constitutes a truly exceptional situation warranting sua sponte reopening of removal proceedings.
Disposition
dismissed
Cases Cited (8)
- Matter of J-J-, 21 I&N Dec. 976, 984 (BIA 1997)(followed)
- Matter of G-D-, 22 I&N Dec. 1132, 1133-35 (BIA 1999)(followed)
- Matter of B-N-K-, 29 I&N Dec. 96, 99 (BIA 2025)(followed)
- Matter of H-Y-Z-, 28 I&N Dec. 156, 161 (BIA 2020)(followed)
- Nken v. Holder, 556 U.S. 418, 436 (2009)(followed)
- Noem v. Vasquez Perdomo, 146 S. Ct. 1, 5 (2025) (mem.) (Kavanaugh, J., concurring in the grant of the application for stay)(followed)
- Matter of O-R-E-, 28 I&N Dec. 330, 336 (BIA 2021)(followed)
- Yadav v. Lynch, 628 F. App'x 769 (1st Cir. 2015)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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