BIA on Authority to Reopen Removal Proceedings Where USCIS Has Jurisdiction over Relief Request

BIA finds that it generally lacks authority to reopen final exclusion, deportation, or removal proceedings where an alien seeks to pursue relief over which neither the Board nor the IJ has jurisdiction. BIA denies respondent’s motion to reopen and further grants the DHS motion to reopen and terminate removal proceedings. (Matter of Yauri, 25 I&N Dec. 103 (BIA 2009).