Chehazeh v. Attorney General, 666 F.3d 118 (3d Cir. Jan. 11, 2012) (district courts have jurisdiction under the APA, 28 U.S.C. 1331, to review a BIA grant [but not denial] and a sua sponte decision to reopen a removal proceeding; "On general principles, then, the District Court had jurisdiction over Chehazeh's claims under 1331 and could have reviewed the BIA's decision to reopen Chehazeh's removal proceedings pursuant to the APA if (1) the BIA's action was not 'committed to agency discretion by law,' 5 U.S.C. 701(a)(2); (2) no statute precluded review, 5 U.S.C. 701(a)(1); (3) the BIA's action was a 'final agency action,' 5 U.S.C. 704; and (4) no 'special statutory review' provision required that Chehazeh's action be brought in some other form or forum, 5 U.S.C. 703.").