Ali v. Gonzales

We consider here (1) whether the Board of Immigration Appeals ("BIA") abused its discretion in denying a motion to reopen removal proceedings on the basis that petitioners motion was untimely and petitioner was not entitled to equitable tolling under Iavorski v. INS, 232 F.3d 124 (2d Cir. 2000), because he failed to exercise reasonable due diligence in pursuing his case, and, as a matter of first impression in this Circuit, (2) whether we have jurisdiction to review the BIAs decision not to exercise its "sua sponte authority" to reopen removal proceedings under 8 C.F.R. § 1003.2(a) -its decision not to exercise its authority to reopen removal proceedings on its own motion.