Legal Opinion

Vela-Estrada v. Lynch

Court of Appeals for the Second Circuit

Decided March 21, 2016No. Docket No. 14-619-agPublishedCited by 16 opinions

1Opinion of the Court

PER CURIAM: -

Petitioner Henry Vela-Estrada seeks review of a January 31, 2014 decision of the Board of Immigration Appeals • (the “BIA”) declining to certify, pursuant to- 8 C.F.R. § 1003.1(c), his untimely appeal of the May 14, 2013 order of removal of the Immigration- Judge (“IJ”). For the reasons set forth below, we conclude that the decision not to certify an untimely appeal is committed to BIA discretion and, accordingly,.is not subject to judicial review. Because the BIA did not address Vela-Estrada’s motion to reopen his removal proceedings, we remand to the BIA for it to address the…

2Cases cited18 opinions

  1. Heckler v. ChaneySupreme Court of the United States · 1985
  2. Azmond Ali v. Alberto R. Gonzales, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2006
  3. Kucana v. HolderSupreme Court of the United States · 2010
  4. Reyes Mata v. LynchSupreme Court of the United States · 2015
  5. Lunney v. United StatesCourt of Appeals for the Second Circuit · 2003

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3Cited by16 opinions

  1. Idrees v. BarrCourt of Appeals for the Ninth Circuit · 2018
  2. Attipoe v. BarrCourt of Appeals for the Second Circuit · 2019
  3. Chen v. GarlandCourt of Appeals for the Second Circuit · 2022
  4. Abdulmalik Abdulla v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2020
  5. Asif Idrees v. Matthew WhitakerCourt of Appeals for the Ninth Circuit · 2018

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