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Romero v. Attorney Gen. of U.S.

Facts

Edras Omar Romero filed a motion for reconsideration after the BIA denied his motion to reopen his removal proceedings. He sought to pursue a second application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA). Romero's motion for reconsideration challenged the BIA's denial on the grounds of timeliness, statutory eligibility, and discretion. The BIA reiterated its grounds for denial and noted that Romero did not identify any error in its decision.

In his motion for reconsideration, Romero challenged the BIA's denial of his motion to reopen on the grounds that (1) the motion to reopen was not timely filed, (2) he was not statutorily eligible for special rule cancellation of removal, and (3), even if he were statutorily eligible for that relief, it would not reopen the proceedings as a matter of discretion.

Issue

Did the BIA err in denying Romero's motion for reconsideration of its denial of his motion to reopen his removal proceedings?

Did the BIA err in denying Romero's motion for reconsideration of its denial of his motion to reopen his removal proceedings?

Rule

The BIA's denial of a motion to reopen is subject to review, but if the denial is based on an independent, unchallenged basis, the court may deny the petition for review without addressing other arguments.

The BIA's denial of a motion to reopen is subject to review, but if the denial is based on an independent, unchallenged basis, the court may deny the petition for review without addressing other arguments.

Analysis

The court found that the BIA's denial of Romero's motion to reopen was supported by an independent basis that was not challenged by Romero. Specifically, the BIA determined that even if Romero were eligible for special rule cancellation of removal, reopening was not warranted as a matter of discretion. Since this unchallenged basis supported the BIA's decision, the court did not need to address Romero's arguments regarding the timeliness and statutory eligibility.

The court found that the BIA's denial of Romero's motion to reopen was supported by an independent basis that was not challenged by Romero.

Conclusion

The court denied Romero's petition for review, affirming the BIA's decision.

The court denied Romero's petition for review, affirming the BIA's decision.

Who won?

The Board of Immigration Appeals (BIA) prevailed in the case because the court upheld its decision to deny Romero's motion for reconsideration based on an unchallenged discretionary basis.

The BIA denied the motion to reconsider after reiterating its grounds for denying the motion to reopen and noting that Romero had not identified any error of law or fact in its decision.

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