SINGH v. GARLAND (2021)

United States Court of Appeals, Ninth Circuit.2021-08-03No. No. 19-71887

Summary · law.co

Holding. The petition for review is dismissed because the court lacks jurisdiction to review an immigration judge's denial of a motion to reopen a credible fear determination.

A noncitizen petitioned for judicial review of a Board of Immigration Appeals decision that had dismissed his appeal for lack of jurisdiction. The underlying issue involved the noncitizen's attempt to reopen his credible fear determination before an immigration judge. The court determined that it lacked authority to review the immigration judge's denial of the motion to reopen because federal statute strips circuit courts of jurisdiction over expedited removal orders and matters directly affecting those orders, including credible fear determinations.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether circuit courts have jurisdiction to review immigration judge denials of motions to reopen credible fear determinations
Statutory interpretation of jurisdictional limits on appellate review of expedited removal proceedings
Scope of congressional intent to restrict judicial review in expedited removal cases

Procedural posture

The petitioner sought appellate review of a BIA decision that had dismissed an appeal from an immigration judge's order denying a motion to reopen credible fear proceedings.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

MEMORANDUM ***

Petitioner seeks review of a Board of Immigration Appeals’ (“BIA”) decision dismissing the appeal of an Immigration Judges (“IJ”) decision for lack of jurisdiction. Petitioner appealed the IJs denial of his motion to reopen his credible fear determination. We dismiss the petition for lack of jurisdiction.

“We determine our own jurisdiction de novo.” Pena v. Lynch, 815 F.3d 452, 455 (9th Cir. 2016) (citing Bolanos v. Holder, 734 F.3d 875, 876 (9th Cir. 2013)). This court held in Singh v. Barr that it lacks jurisdiction over petitions seeking review of an IJs denial of a motion to reopen credible fear proceedings. 982 F.3d 778, 784 (9th Cir. 2020) (“Read together, [8 U.S.C.] §§ 1252(a)(2)(A), (D) and 1252(e) provide clear and convincing evidence that Congress intended to deprive circuit courts of appeals of jurisdiction to review expedited removal orders and related matters affecting those orders, including underlying negative credible fear determinations ․”). Accordingly, the review Petitioner seeks is outside of our jurisdiction.

PETITION FOR REVIEW DISMISSED.