Does the Court have jurisdiction to review a decision by the Board of Health and Social Justice not to reopen a case?
MultiRegion, United States of America
The following excerpt is from Tian He Chen v. Holder, 11-5246 NAC (2nd Cir. 2012):
authority, we are without jurisdiction to review that discretionary decision. See Ali v. Gonzales, 448 F.3d 515, 518 (2d Cir. 2006) (per curiam) (a reviewing court lacks jurisdiction to review a decision of the BIA not to reopen a case sua sponte under 8 C.F.R. 1003.2(a) because such a decision is "entirely discretionary").
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