Kola v. Gonzales
Opinion of the Court
SUMMARY ORDER
Ilir Kola, a citizen of Albania, seeks review of a September 8, 2006 order of the BIA denying his motion to reopen his immigration proceedings. In re Ilir Kola, No. A79 319 843 (BIA Sept. 8, 2006). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
We review the denial of a motion to reopen for abuse of discretion. See Kaur v. BIA, 413 F.3d 232, 233 (2d Cir. 2005) (per curiam); Jin Ming Liu v. Gonzales, 439 F.3d 109, 111 (2d Cir. 2006). An abuse of discretion may be found where the BIA’s decision “provides no rational explanation, inexplicably departs from established policies, is devoid of any reasoning, or contains only summary or conclusory statements; that is to say, where the Board has acted in an arbitrary or capricious manner.” Kaur, 413 F.3d at 233-34.
Even assuming, arguendo, that the petitioner’s submissions established “changed country conditions” sufficient to excuse his failure to timely file his motion to reopen, 8 C.F.R. § 1003.2(c)(3)(ii), the petitioner must still establish prima facie
Finally, to the extent that the petitioner challenges the BIA’s refusal to grant his request to reopen his case sua sponte, this Court lacks jurisdiction to review that decision, which is “entirely discretionary.” See Ali v. Gonzales, 448 F.3d 515, 518 (2d Cir. 2006).
For the foregoing reasons, the petition for review is DENIED. Having completed our review, the pending motion for a stay of removal in this petition is DISMISSED as moot.
Reference
- Full Case Name
- Ilir KOLA, Alberto R. GONZALES, Attorney General
- Status
- Published