Mata v. Lynch: Courts Retain Review of BIA Denials of Statutory Reopening

Review the primary official source.

Mata filed an untimely motion to reopen alleging ineffective assistance and seeking equitable tolling. The Fifth Circuit treated the matter as an unreviewable request for sua sponte reopening.

Facts and posture

The BIA declined to equitably toll the statutory deadline and also declined to reopen on its own authority. Mata petitioned for judicial review.

Issue and positions

The Fifth Circuit believed it lacked jurisdiction because it characterized the request as sua sponte reopening. Mata argued that his statutory motion and tolling claim remained reviewable.

Reasoning and holding

The Court held that Congress gives courts jurisdiction to review final removal orders, including BIA decisions on statutory reopening. The Board’s additional discussion of sua sponte authority could not erase that jurisdiction.

Disposition

The judgment was reversed and remanded.

Limits, subsequent use, and practical implications

The Court did not decide whether equitable tolling applied or whether refusals to reopen sua sponte are reviewable. Exhaustion, timeliness, prejudice, and circuit law still matter.