Nevarez v. Holder, 572 F.3d 605 (9th Cir. Jul. 8, 2009) (remand to BIA to address the issue of whether a subsequent request to consider motion to reopen sua sponte is barred under INA 240(c)(7)(A) if the first motion was rejected as untimely and not fully considered by the BIA).
jurisdiction:
Ninth Circuit