Vela-Estrada v. Lynch
Court of Appeals for the Second Circuit
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
- Heckler v. ChaneySupreme Court of the United States · 1985
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- Lunney v. United StatesCourt of Appeals for the Second Circuit · 2003
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