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Keywords

jurisdictionappealhearingmotion
jurisdictionappealhearingmotion

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Mejia v. U.S. Attorney Gen.

Facts

Jose Santos Mejia, a native and citizen of Honduras, entered the United States illegally in 2004 and was ordered removed in absentia due to lack of notice of his hearing. After being removed to Honduras in 2010, he reentered the U.S. in 2011 and was later apprehended in 2014, at which point his prior removal order was reinstated. Mejia filed a motion to reopen his removal proceedings, claiming he did not receive proper notice and that conditions in Honduras had changed.

Jose Santos Mejia, a native and citizen of Honduras, entered the United States illegally in 2004 and was ordered removed in absentia due to lack of notice of his hearing.

Issue

Did the Board of Immigration Appeals (BIA) err in denying Mejia's motion to reopen his removal proceedings based on lack of notice and changed country conditions?

Did the Board of Immigration Appeals (BIA) err in denying Mejia's motion to reopen his removal proceedings based on lack of notice and changed country conditions?

Rule

An alien may file a motion to reopen removal proceedings within ninety days of the final administrative decision, but exceptions exist for lack of notice and changed country conditions. However, the court lacks jurisdiction to review factual determinations made by the BIA.

An alien may file a motion to reopen removal proceedings within ninety days of the final administrative decision, but exceptions exist for lack of notice and changed country conditions.

Analysis

The court determined that Mejia's failure to contest his removability in prior proceedings precluded him from establishing a gross miscarriage of justice, which is necessary for jurisdiction over a collateral attack on a removal order. Furthermore, the BIA's assessment of changed country conditions was deemed a factual determination, which the court lacked jurisdiction to review.

The court determined that Mejia's failure to contest his removability in prior proceedings precluded him from establishing a gross miscarriage of justice, which is necessary for jurisdiction over a collateral attack on a removal order.

Conclusion

The court dismissed Mejia's petition in part and denied it in part, affirming the BIA's decision.

The court dismissed Mejia's petition in part and denied it in part, affirming the BIA's decision.

Who won?

The government prevailed in the case because Mejia could not demonstrate a gross miscarriage of justice or establish jurisdiction for his claims regarding changed country conditions.

The government prevailed in the case because Mejia could not demonstrate a gross miscarriage of justice or establish jurisdiction for his claims regarding changed country conditions.

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