Legal Opinion
Neves v. Holder
Court of Appeals for the First Circuit
Decided July 21, 2010No. 07-1091PublishedCited by 52 opinions
1Per curiam
Kelmer Da Silva Neves, a native and citizen of Brazil, petitions for review of the Board of Immigration Appeals’s (BIA) December 14, 2006, denial of his second motion to reopen proceedings. The government’s efforts to remove him from the country started in 1999. We deny the petition.
Neves’s second motion to reopen was time- and number-barred under 8 U.S.C. § 1229a(c)(7)(A), (C)(i) and 8 C.F.R. § 1003.2(c)(2). Save for several exceptions not at issue here, those provisions allow an alien to file only one motion to reopen proceedings based on new facts and require the alien to do so within…
2Cases cited20 opinions
- Wallace v. KatoSupreme Court of the United States · 2007
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Holland v. FloridaSupreme Court of the United States · 2010
- Kucana v. HolderSupreme Court of the United States · 2010
- Stanislav Iavorski v. United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2000
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3Cited by52 opinions
- Reyes Mata v. LynchSupreme Court of the United States · 2015
- Meng Hua Wan v. HolderCourt of Appeals for the First Circuit · 2015
- Smith v. HolderCourt of Appeals for the First Circuit · 2010
- Jose Anaya-Aguilar v. Eric HolderCourt of Appeals for the Seventh Circuit · 2012
- Mazariegos v. Holder, Jr.Court of Appeals for the First Circuit · 2015
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