Perez
Perez v. Holder
Opinion
Opinion
MEMORANDUM
Luis Felipe Perez, a native and citizen of Panama, petitions the court to review the decisions of the Board of Immigration Appeals (BIA) affirming the immigration judge’s (IJ) reopening of Perez’s deportation hearing, pretermitting Perez’s application for suspension of deportation, and cancelling Perez’s withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a) and we deny the petitions.
1. The BIA did not err in allowing the government to file more than one motion to reopen. By its unambiguous language, 8 C.F.R. § 1003.23 (which governs motions to reopen) exempts the government from “time and numerical limita tions” on motions to reopen “by the Service in removal proceedings pursuant to section 240 of the Act.” § 1003.23(b)(1); cf. Dada v. Mukasey, 554 U.S. 1, 13 , 128 S.Ct. 2307 , 171 L.Ed.2d 178 (2008) (discussing the limitations placed on motions to reopen due to aliens abusing the procedure to delay proceedings). The removal proceedings in this case were brought “pursuant to section 240 of the Act.” See 8 U.S.C. §§ 1229 -1229C.
2. The BIA also correctly held that res judicata and issue preclusion did not bar the government’s second motion…