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Yasin v. Att’y Gen.

3rd Circuit

December 20, 2021

The Third Circuit ruled that it did not have jurisdiction to review the Board of Immigration Appeals’ (“BIA”) decision whether to waive a statute of limitations period and consider a motion to reopen removal proceedings. Yasin, a citizen and native of Pakistan, entered the United States over two decades ago. In 2002, he became subject to a final order of removal issued by the BIA. He continued living in the U.S. after the issuance of his final order of removal, and, in 2017, he and his U.S. citizen wife had a U.S. citizen daughter. Yasin’s daughter requires regular medical treatment to address gross developmental delays. Approximately seven months following his daughter’s birth, Yasin filed an I-360, Petition for Amerasian, Widow(er), or Special Immigrant, requesting classification “as the abused spouse of a United States citizen” under the Violence Against Women Act (“VAWA”). His I-360 self-petition was approved over two years later, and in December 2019 – more than 17 years following his final order of removal – Yasin filed a motion to reopen sua sponte his removal proceedings on the ground that reopening was warranted to address his classification as an abused spouse under VAWA. The BIA denied his motion, refusing to grant Yasin a waiver of the 1- year limitations period under 8 U.S.C. § 1229a(c)(7)(C)(iv)(III), as applicable to VAWA-based motions to reopen. Yasin appealed, and the Third Circuit denied review, holding that 8 U.S.C. § 1252(a)(2)(B)(ii) deprived the Court of jurisdiction.

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