Legal Opinion
Tamenut v. Mukasey
Court of Appeals for the Eighth Circuit
Decided March 11, 2008No. 05-4418PublishedCited by 87 opinions
1Per curiam
The question before the en banc court is whether this court has jurisdiction over a petition for review filed by Marekegn Asfaw Tamenut challenging the decision of the Board of Immigration Appeals (BIA) not to reopen sua sponte proceedings relating to Tamenut’s removal from the United States. We conclude that the decision whether to reopen removal proceedings sua sponte is committed to the BIA’s discretion by law, 5 U.S.C. § 701(a)(2), and that we lack jurisdiction to review the agency’s discretionary decision. We therefore dismiss the petition for review.
I
Section 240 of the Immigration and…
2Cases cited34 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Califano v. SandersSupreme Court of the United States · 1977
- Heckler v. ChaneySupreme Court of the United States · 1985
- Azmond Ali v. Alberto R. Gonzales, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2006
- Webster v. DoeSupreme Court of the United States · 1988
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3Cited by87 opinions
- Kucana v. HolderSupreme Court of the United States · 2010
- Reyes Mata v. LynchSupreme Court of the United States · 2015
- Mejia-Hernandez v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Mosere v. MukaseyCourt of Appeals for the Fourth Circuit · 2009
- Lenis v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2008
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