Victor v. Holder, 09-1982, concerned a Pakistani individual’s petition for review of a denial of his motion to reopen and reconsider the denial of his family’s application for asylum and related relief.  In denying the petition, the court held that, although section 1252(a)(2)(B)(ii) does not limit appellate courts’ review of motions to reopen and reconsider to constitutional claims or questions of law, in light of the Supreme Court’s decision in Kucana v. Holder, 130 S.Ct. 827 (2010), the BIA did not abuse its discretion in denying petitioner’s motions to reconsider and reopen.

Aguilar-Mejia v. Holder, 09-2673, concerned a Mexican citizen’s petition for review of BIA’s removal order.  In dismissing the petition, the court held that it lacks jurisdiction to review the removal order as it was based, among other reasons, on petitioner’s prior conviction for possession of a controlled substance.  The court also held that petitioner did not preserve the individual persecution issue that there is a pattern or practice of persecution against individuals infected with AIDS.

Related Resources:

  • Full text of Victor v. Holder, 09-1982
  • Full text of Robinson v. City of Harvey, 09-2434
  • Full text of Aguilar-Mejia v. Holder, 09-2673

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