Matter of Z-R-C-N-, et al.

Summary

The Board of Immigration Appeals denied the respondents’ motion to reopen removal proceedings. It held that an ineffective-assistance claim could not succeed where the hired individual was neither an attorney nor held himself out as one, and that the respondents had not shown prima facie eligibility for asylum or adjustment of status based on special immigrant juvenile petitions. The Board also declined to reopen proceedings sua sponte and vacated the stay of removal.

Holdings

1. A respondent cannot succeed on an ineffective assistance of counsel claim where the individual hired was not an attorney and did not hold himself out to be one.
2. A motion to reopen seeking relief must establish prima facie eligibility for the relief sought, and respondents failed to make that showing for asylum or adjustment of status.
3. The Board will not exercise its sua sponte reopening authority absent a truly exceptional situation, and the record did not present such a situation.

Questions Presented

1. Whether the filing deadline for respondents' motion to reopen should be equitably tolled based on alleged ineffective assistance by a nonattorney.
2. Whether respondents demonstrated prima facie eligibility for asylum or adjustment of status based on the minor respondents' approved special immigrant juvenile petitions.
3. Whether the Board should exercise its sua sponte authority to reopen the proceedings in the interests of justice.

Disposition

dismissed