Barry v. Mukasey

Nene Amy Barry seeks review of an order of the Board of Immigration Appeals ("BIA") denying her untimely motion to reopen. To the extent we lack jurisdiction to review the BIAs decision not to exercise its sua sponte discretion to reopen removal proceedings, we DISMISS the appeal in relevant part. Because the BIA did not otherwise abuse its discretion when it denied Barrys request to equitably toll the time limit for her motion to reopen, we DENY the petition.