Quantanilla-Suarez (not precedential): IJ Can Reopen Sua Sponte For Any Or No Reason

Quantanilla-Suarez v. Mukasey
No. 07-3245
Not Precedential
November 19, 2008
http://www.ca3.uscourts.gov/opinarch/073245np.pdf

Judges McKee, Nygaard, and Roth. Per curiam opinion.

Affirming BIA and IJ R.K. Malloy

An IJ seems to have complete discretion to reopen a case sua sponte for any or no reason at all. The Third Circuit ruled that it had no power to review the reason (or no reason) that an IJ reopens a case sua sponte. The Third Circuit drew on its decision in Calle-Vujiles v. Ashcroft, 320 F.3d 472 (3d Cir. 2003), in which it held that it had no power to review the reason (or no reason) that the BIA reopens a case sua sponte. So the IJ and BIA can reopen a case on their own accord for any or no reason at all.

The strongest argument for some level of review is that perhaps the IJ can only reopen a case sua sponte for exceptional circumstances. The Third Circuit in this case rejected that view, though.

The Third Circuit can review a due process claim, but you have to show you were prevented from reasonably presenting your case due to the mistake the court made. There wasn't enough proof of that in this case.