Ochoa v. Holder
Certiorari Denied
Petition for certiorari denied on June 27, 2011.
Docket No.10-920
Op. Below8th Circuit
Issue
(1) Whether federal courts are categorically incompetent to review a Board of Immigration Appeals decision denying a motion to reopen removal proceedings sua sponte, even where that decision applies a legal standard, on the ground that such decisions are "committed to agency discretion by law"; and (2) whether the court of appeals erred by disregarding the BIA’s stated grounds for its decision, in conflict with SEC v. Chenery Corp. (1943) and the decisions of other circuits.
Recommended Citation: Ochoa v. Holder, SCOTUSblog, https://www.scotusblog.com/cases/ochoa-v-holder/