Matter of Felipe De Jesus Herrera-Nunez

Summary

The Board of Immigration Appeals denied the respondent's untimely motion to reopen removal proceedings sua sponte. The Board held that equities acquired years after the respondent was ordered removed, including a later marriage and pending visa petition, did not establish a truly exceptional situation, and it denied the request for a stay of removal as moot.

Holdings

1. The Board declined to sua sponte reopen the respondent's removal proceedings because the marriage and related equities were acquired years after the 2015 removal order and did not constitute a truly exceptional situation.
2. The respondent did not establish manifest injustice or a due process violation warranting sua sponte reopening because he conceded removability and identified no indication that the removal proceedings were fundamentally unfair.
3. The request for a stay of removal was denied as moot because the Board had adjudicated the motion to reopen.

Questions Presented

1. Whether the respondent established a truly exceptional situation warranting the Board's sua sponte reopening of administratively final removal proceedings based on equities acquired years after the removal order.
2. Whether the respondent's generalized claims of hardship, manifest injustice, and due process deprivation warranted sua sponte reopening.
3. Whether the request for a stay of removal remained justiciable after adjudication of the motion to reopen.

Disposition

other