Archila v. Holder
A motion to reconsider must "specify errors of law or fact in the previous order and . . . be supported by pertinent authority," pursuant to 8 United States Code §1229a(c)(6) and Ke Zhen Zhao v. U.S. Department of Justice, a 2001 decision of the 2nd Circuit. The petitioner, a citizen of Guatemala, filed a motion to open on Nov. 12, 2010, and the Board of Immigration Appeals denied the motion on the grounds it was not filed timely. The petitioner unsuccessfully filed a motion to reconsider. The 2nd Circuit considers the denial of a motion to reconsider for abuse of discretion. "[T]he BIA," wrote the 2nd Circuit, "erred by requiring [the petitioner] to show a 'reasonable likelihood of success on the merits' in order to reopen her removal proceedings rather than to make a prima facie showing of her eligibility for relief." The 2nd Circuit decided against remand, because it predicted that the board would reach the same decision, even if the board used the correct legal standard. The petitioner failed to establish a prima facie case of eligibility for relief, because she failed to adequately specify the basis of a fear of persecution or to assert more than a generalized claim. The 2nd Circuit denied the petition for review.