Ali v. Barr

The Eighth Circuit joined the BIA and a unanimous chorus of other circuits that have considered and rejected the argument that a notice to appear that, like petitioner's, does not contain the time and place of removal proceeding is not valid. The court rejected petitioner's claim that a court utilizing such a notice fails to obtain subject matter jurisdiction at its inception and so the entire proceedings and any subsequent removal order are invalid.Determining that it had jurisdiction over the petition for review, the court held that the BIA did not abuse its discretion by denying petitioner's motion to reopen. The court explained that the BIA need not list every possible argument for and against its decision, and it need not write an exegesis on every contention. Furthermore, the BIA's opinion in this case makes clear that it heard and considered petitioner's arguments. Finally, the court rejected petitioner's due process and equal protection challenges. View "Ali v. Barr" on Justia Law