Ninth Circuit: MACARIO BONILLA V. LORETTA E. LYNCH

Immigration, Administrative


Although the claim was not advanced with sufficient diligence, the agency's refusal to reopen the earlier proceeding on the grounds that the deportation was a transformative event that deprived the heretofore lawful permanent resident of a viable domicile was error.

Courts have power to review the agency's denial of an application for a sua sponte reopening where the application asserts legal or constitutional error.  The agency's subsequent decision, however, is unreviewable.


MACARIO BONILLA V. LORETTA E. LYNCH