Reyes v. Sessions

United States Court of Appeals For the First Circuit No. 17-1892 JULIO H. REYES, Petitioner, v. JEFFERSON B. SESSIONS, III, ATTORNEY GENERAL, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Lynch, Stahl, and Kayatta, Circuit Judges. Jonathan Ng, with whom Robert Ley and Law Office of Johanna Herrero were on brief, for petitioner. Yedidya Cohen, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, with whom Chad A. Readler, Acting Assistant Attorney General, and Anthony C. Payne, Assistant Director, Office of Immigration Litigation, were on brief, for respondent. March 29, 2018 LYNCH, Circuit Judge. Julio H. Reyes challenges the Board of Immigration Appeals' ("BIA") denial of his motion to reopen for being untimely and its decision not to reopen sua sponte. The BIA found that Reyes had submitted his motion to reopen long after the ninety-day limit and did not show that he fit within an exception to that limit, and did not even attempt to argue to the BIA that he did. The BIA did not abuse its discretion, so we deny that portion of his petition. The BIA also determined that sua sponte reopening was unwarranted. We dismiss Reyes's challenge of that decision for lack of jurisdiction. I. Reyes, a native and citizen of El Salvador, entered the United States in 1987 without being admitted or paroled after inspection by an immigration officer. Between 1991 and 2011, Reyes was arraigned on twenty-six different criminal charges. These charges included: assault and battery with a dangerous weapon in 1991; disorderly conduct in 1992; assault and battery in 1993; receiving stolen property in 1993; violation of a restraining order and threatening to commit a crime in 1996, for an altercation involving a woman he said was his girlfriend at the time; buying or receiving a stolen motor vehicle in 1997; assault and battery on a police officer and resisting arrest in 1998; operating a vehicle under the influence of alcohol and leaving the scene of an accident in 2001; assault and battery with a dangerous weapon and - 2 - threatening to commit a crime in 2003, for allegedly beating his girlfriend; intimidation of a witness in 2003, for allegedly preventing his girlfriend from testifying regarding the 2003 assault and battery charge; assault and battery in 2008, for allegedly hitting a woman he was dating and who is the mother of his children; possessing an open container of alcohol in a motor vehicle in 2009; and assault and battery in 2011, again for allegedly beating the mother of his children. At least two of the charges against Reyes led to convictions. In 1993, Reyes was convicted of assault and battery, in violation of Mass. Gen. Laws ch. 265 § 13A. In 1997, he pleaded guilty to buying or receiving a stolen motor vehicle, in violation of Mass. Gen. Laws ch. 266 § 28. In 2007, the Department of Homeland Security initiated removal proceedings against Reyes, charging that Reyes was present in the ...

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