Federal Judiciary

Petition of the day

By Kiran Bhat

The petition of the day is: 

Title: Ochoa v. Holder
Docket: 10-920
Issue(s): (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.

Certiorari stage documents:

• Opinion below (8th Cir.)
• Petition for certiorari
• Amicus brief of administrative law professors (forthcoming)

Full post as published by SCOTUSBLOG on March 08, 2011 (boomark / email).