U.S. 9th Circuit Court of Appeals on Motions to Reopen – Miller v. Sessions (May 8, 2018)

Miller v. Sessions (May 8, 2018) – “The question presented in this case is what happens when … two statutory provisions collide? If DHS reinstates a removal order that was entered in absentia, can the noncitizen still file a motion to reopen under § 1229a(b)(5)(C)(ii) “at any time” on the ground that she never received notice of the prior hearing? Or does § 1231(a)(5) preclude such a motion by directing that the prior removal order “is not subject to being reopened or reviewed”? … The BIA erred by holding that § 1231(a)(5) deprived the immigration court of jurisdiction to resolve Miller’s motion to reopen. We grant Miller’s petition for review and remand the case so that the agency can decide Miller’s motion to reopen on the merits.”

[Hats off to Professor Kari Hong!]

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