Centeno v. Garland
- Laura Swain
- 1:22-cv-05328
- U.S. District Court · Southern District of New York
- 3
In Centeno v. Garland, Judge Swain transferred Centeno’s challenge to the Second Circuit because district courts lack jurisdiction to review the immigration ruling.
Jorge Patricio Centeno, who sought review of the BIA’s denial of his motion to reopen removal proceedings; the petition was transferred to the Second Circuit.
What happened
In Centeno v. Garland, Jorge Patricio Centeno asked the district court to review the Board of Immigration Appeals’ decision denying his request to reopen his removal proceedings.
The court explained that federal law requires challenges to removal orders and decisions denying reopening to be filed in the appropriate federal appeals court, not a district court. Because Centeno filed his petition within 30 days of the Board’s decision, the court found that transferring it was appropriate.
Judge Laura Taylor Swain transferred the case to the U.S. Court of Appeals for the Second Circuit and closed the district-court case. She also denied permission to appeal without paying filing fees.
The detailed version
- Centeno v. Garland · No. 1:22-cv-05328
- Laura Swain
- June 29, 2022
Background
Jorge Patricio Centeno, representing himself, petitioned for review of a May 26, 2022, order by the Board of Immigration Appeals (BIA) denying his motion to reopen his removal proceedings. The motion sought further consideration of his request for cancellation of removal based on additional evidence concerning his qualifying-relative daughter.
An immigration judge ordered Centeno removed to Ecuador on June 25,
- After proceedings before the BIA, Centeno filed his motion to reopen on December 11,
- The BIA denied that motion on May 26,
- Centeno filed this action in the district court on June 23, 2022.
Jurisdiction and Transfer
The REAL ID Act provides that a petition for review filed in an appropriate federal court of appeals is the sole and exclusive way to obtain judicial review of a removal order. The district court explained that it therefore lacked jurisdiction to review the BIA’s denial of Centeno’s motion to reopen. The court of appeals, rather than the district court, has jurisdiction to review that decision.
The petition had to be filed within 30 days after the BIA’s order. Because the BIA denied Centeno’s motion on May 26, 2022, the court determined that the filing deadline was June 27, 2022. Centeno filed on June 23, 2022, so the district court concluded that the petition appeared timely.
Ruling
Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the U.S. Court of Appeals for the Second Circuit. The order closed the district-court case. The court also certified that an appeal from the transfer order would not be taken in good faith and denied permission to appeal without prepaying the filing fee.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.