Mei Yu Liu v. Attorney General of the United States
Opinion of the Court
OPINION OF THE COURT
This matter comes on before this court on Mei Yu Liu’s timely petition for review of a decision and order of the Board of Immigration Appeals (“BIA”) affirming, without opinion, an order of an immigration judge denying her motion to reopen proceedings, which on August 19, 2003, ordered her removed. We have jurisdiction over this matter pursuant to section 242 of the Immigration and Nationality Act, 8 U.S.C. § 1252. While we have started our history of this matter with the August 19, 2003 order, the case had a prior history which we do not recite as there is no need to do so. We review the administrative proceedings on an abuse of discretion basis. Lu v. Ashcroft, 259 F.3d 127, 131 (3d Cir. 2001).
It is undisputed that under 8 C.F.R. § 1003.23(b)(1) (2005) and 8 C.F.R. § 1003.2(c)(2) (2005) Liu had 90 days from August 19, 2003, to move to reopen. Thus, the parties agree that the motion at the latest was due by November 17, 2003.
It is not possible to examine the record in this case without being sympathetic with Liu. Based on our experience, we believe that the bifurcated filing requirements applicable in this case are unusual. Indeed, the unusual circumstances here are such that if this matter were being presented to us for a de novo determination in which we had discretion to allow the late filing, we well might grant relief. That standard, however, is not applicable here. Rather, we cannot grant the petition unless we can conclude that the immigration judge and BIA abused their discretion in denying the motion to reopen.
We cannot do this. The judge correctly explained that Liu “filed the motion to
For the foregoing reasons, the petition for review will be denied.
. The government contends that we review the case on an abuse of discretion basis. As will be seen, however, we are not certain that the immigration judge and the BIA were empowered to grant relief here.
. When the proceedings in this case originated, the Immigration and Naturalization Service, as an independent agency within the Department of Justice, administered the enforcement functions of the Immigration and Nationality Act. It ceased to exist, however, as an agency on March 1, 2003, and Congress transferred the INA’s enforcement functions to the Department of Homeland Security.
Reference
- Full Case Name
- Mei Yu LIU v. ATTORNEY GENERAL OF THE UNITED STATES
- Status
- Published