PHAM & CLOVES, PLLC

U.S. Supreme Court’s Holding, Motion to Reopen May Be Reviewed by Federal Court of Appeals

On January 20, 2010, in a rare unanimous decision by the U.S. Supreme Court, the court held that a “motion to reopen” by the Attorney’s General, i.e. the immigration court and the Board of Immigration Appeals (BIA), may be reviewed by the federal court of appeals, the U.S. Circuit Courts of Appeals.  In Kucana v. Eric Holder, 558 U.S. (2010), the Supreme Court clarified languages of 8 U.S.C. Section 1252(a)(2)(B) of the Immigration & Naturaliztion Act (INA), as amended by the Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA 1996).  the Court held that the discretionary power of the Attorney General stated in that section doe NOT include the Motion to Reopen, contradicting the Code pf Federal Regulations, 8 CFR Section 1003.2(a), and allow the U.S. Circuit Court of Appeals jurisdiction to review the BIA’s decisions in Motion to Open under the “Abuse of Discretion” standard.

Please contact the experienced Houston Immigration Lawyers and the Southwest Houston Immigration Attorneys at Pham & Cloves, PLLC if you are in deportation and removal proceedings.  There may be immigration solutions to your cases, such as applying for U.S. asylum applications, withholding of removal and Convention Against Torture, U.S. Immigration extreme hardship waivers (I-601 and Section 212-i), cancellation of removal, Texas Writ of Habeas Corpus to vacate your criminal convictions, and voluntary departure.  Our Houston Immigration Attorneys and our Southwest Houston Immigration Lawyers will work with you directly to assist in resolving your immigration concerns.  Contact our Houston Immigration Lawyers and Attorneys at 713-492-0337.