REYES-VARGAS v. BARR

No. 17-9549.

958 F.3d 1295 (2020)

Juvenal REYES-VARGAS, a/k/a Juvenal Reyes, a/k/a Juvenal Vargas-Reyes, Petitioner, v. William P. BARR, United States Attorney General, Respondent. National Immigration Project of the National Lawyers Guild, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED May 14, 2020.


Attorney(s) appearing for the Case

Aaron Tarin ( Lory D. Rosenberg with him on the briefs), of Immigrant Defenders Law Group, PLLC, West Valley City, Utah, for Petitioner.

Jonathan K. Ross , Trial Attorney, Office of Immigration Litigation ( Joseph H. Hunt , Assistant Attorney General, and Chad A. Readler , Acting Assistant Attorney General, Civil Division; Margaret Kuehne Taylor , Senior Litigation Counsel, Office of Immigration Litigation, with him on the brief), United States Department of Justice, Washington D.C., for Respondent.

Elizabeth G. Simpson , National Immigration Project of the National Lawyers Guild, Boston, Massachusetts, for amicus curiae on behalf of Petitioner.

Before MATHESON, PHILLIPS, and MORITZ, Circuit Judges.


In this appeal, we review a Board of Immigration Appeals (the "Board" or "BIA") ruling that an Immigration Judge (IJ) had no jurisdiction under 8 C.F.R. § 1003.23(b)(1) to move sua sponte to reopen Juvenal Reyes-Vargas's removal proceedings. In particular, the Board ruled that this regulation removes the IJ's jurisdiction...

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