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Keywords

jurisdictionmotionfelonyjudicial reviewadmissibility
jurisdictionmotionfelonyjudicial reviewadmissibility

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Sebastian-Soler v. United States AG

Facts

David Sebastian-Soler filed a motion to reopen his removal proceedings on April 10, 2017, nearly 14 years after the removal order against him became final on May 16, 2003. He argued that intervening authority provided that he was statutorily eligible to seek adjustment of status and a waiver of inadmissibility under 8 U.S.C. 1182(h). The BIA denied his motion to reopen on June 26, 2017, and his motion for reconsideration was denied on November 9, 2017.

David Sebastian-Soler filed a motion to reopen his removal proceedings on April 10, 2017, nearly 14 years after the removal order against him became final on May 16, 2003. He argued that intervening authority provided that he was statutorily eligible to seek adjustment of status and a waiver of inadmissibility under 8 U.S.C. 1182(h). The BIA denied his motion to reopen on June 26, 2017, and his motion for reconsideration was denied on November 9, 2017.

Issue

Whether the appellate court had jurisdiction to review the BIA's denial of Sebastian-Soler's motion to reopen his removal proceedings and his motion for reconsideration.

Whether the appellate court had jurisdiction to review the BIA's denial of Sebastian-Soler's motion to reopen his removal proceedings and his motion for reconsideration.

Rule

Under 8 U.S.C. 1252(b)(6), the filing of a motion for reconsideration does not toll the 30-day period to petition for judicial review of the underlying BIA decision. Additionally, under 1252(a)(2)(C), no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed an aggravated felony unless a constitutional claim or question of law is raised.

Under 8 U.S.C. 1252(b)(6), the filing of a motion for reconsideration does not toll the 30-day period to petition for judicial review of the underlying BIA decision. Additionally, under 1252(a)(2)(C), no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed an aggravated felony unless a constitutional claim or question of law is raised.

Analysis

The court determined that it lacked jurisdiction to review the BIA's decisions because Sebastian-Soler's motion to reopen was filed well beyond the 90-day limit and did not meet any statutory exceptions. Furthermore, since his removal was based on an aggravated felony conviction and he did not raise any constitutional claims, the jurisdictional bar applied, preventing the court from reviewing the BIA's denial of his motions.

The court determined that it lacked jurisdiction to review the BIA's decisions because Sebastian-Soler's motion to reopen was filed well beyond the 90-day limit and did not meet any statutory exceptions. Furthermore, since his removal was based on an aggravated felony conviction and he did not raise any constitutional claims, the jurisdictional bar applied, preventing the court from reviewing the BIA's denial of his motions.

Conclusion

The appellate court dismissed Sebastian-Soler's petition due to lack of jurisdiction to review the BIA's decisions.

The appellate court dismissed Sebastian-Soler's petition due to lack of jurisdiction to review the BIA's decisions.

Who won?

The United States prevailed in the case as the court dismissed Sebastian-Soler's petition for lack of jurisdiction.

The United States prevailed in the case as the court dismissed Sebastian-Soler's petition for lack of jurisdiction.

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