Please ensure Javascript is enabled for purposes of website accessibility

Abuse of Discretion – Subject-matter Jurisdiction

By: Derek Hawkins//July 29, 2019//

Abuse of Discretion – Subject-matter Jurisdiction

By: Derek Hawkins//July 29, 2019//

Listen to this article

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

Full Text


Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests