By: Derek Hawkins//July 29, 2019//
7th Circuit Court of Appeals
Case Name: Jiri Vyloha v. William P. Barr
Case No.: 18-2290; 18-3298
Officials: RIPPLE, HAMILTON, and ST. EVE, Circuit Judges.
Focus: Abuse of Discretion – Subject-matter Jurisdiction
Jiri Vyloha, a citizen of the Czech Republic, brings two petitions for judicial review in this consolidated appeal. About ten years after an Immigration Judge (IJ) ordered Vyloha removed in absentia in 2007, Vyloha moved to rescind the order and reopen his case. See 8 U.S.C. § 1229a(b)(5)(C). An IJ denied that motion and the subsequent motion to reconsider, and we conclude that the Board of Immigration Appeals did not abuse its discretion in affirming the IJ. We thus deny Vyloha’s first petition for review.
Vyloha also seeks judicial review of the Board’s decision rejecting his subject-matter jurisdiction argument based on the Supreme Court’s June 2018 decision in Pereira v. Sessions, 138 S. Ct. 2105 (2018). Because Vyloha’s argument is foreclosed by our recent decision in Ortiz-Santiago v. Barr, 924 F.3d 956 (7th Cir. 2019), we also deny his second petition for review.
Petition Denied