DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182595P.pdf 03/27/2020 Chong Toua Vue v. William P. Barr
U.S. Court of Appeals Case No: 18-2595
and No: 18-3671
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Stras, Author, with Loken and Shepherd, Circuit Judges]
Petition for Review - Immigration. Petitioner did not raise a colorable
constitutional claim with respect to the BIA's decision not to reopen his
case on its own motion, and the court could not review the decision; the
court rejects the argument that it may review the decision under a theory
that permits appellate review of the BIA's refusal to reopen sua sponte
when the BIA relies "on an incorrect legal premise;" the time for filing a
motion to reopen under 8 U.S.C. Sec. 1229a(c)(7)(C)(i) was not equitably
tolled and the motion was untimely.