U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

Ramos-Olivieri v. Attorney General, 09-2558

Petition for review of a BIA's dismissal of IJ's denial of Uruguayan citizen's motion to reopen denied

Ramos-Olivieri v. Attorney General, 09-2558, concerned a challenge to a Uruguayan citizen's petition for review of a BIA's dismissal of an appeal of an IJ's denial of a motion to reopen.  In denying the petition, the court held that an evidentiary hearing was not called for and the Board acted within its discretion in denying his motion to reopen as petitioner does not even assert that he was eligible for any form of relief from removal prior to his marriage in March 2007.  Further, although an alien may seek reopening in order to apply for adjustment of status, the Board properly concluded that the petitioner is statutorily ineligible for such relief for a period of 10 years pursuant to 8 U.S.C. section 1229a(b)(7).

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