Rosillo-Puga v. Holder

Whether the regulation 8 C.F.R. § 1003.23(b)(1) is invalid under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 because it denies immigrants who have departed the United States their statutory right to file a motion to reopen or reconsider an order of removability; and (2) whether the Tenth Circuit may deprive the immigration judge and Board of Immigration Appeals of discretionary authority to sua sponte reconsider or reopen removal proceedings by denying a petition for review based on reasons not articulated in either the judge’s or BIA’s orders denying the motion in the first instance.