Motions to Reopen


Myers v. Bondi, No. 23-3286 (8th Cir. 2025)

8 C.F.R. Sections 1003.2(c)(1), (b)(2) Eighth Circuit affirms BIA decision denying Respondent’s motion to reopen, rejecting his claims that he 1) derived U.S. citizenship at age 17 when his adoptive mother naturalized; 2) was incompetent to represent himself pro se at his immigration hearing due to years of sexual abuse by said mother; and 3) feared persecution in his native Liberia based on sexual orientation.

INA Section 241(b)(3)(B) The court found Respondent’s asylum claims barred under this section because he had served at least five years in prison for a “particularly serious crime” related to attempted robbery. The court further denied as moot Respondent’s challenge based on a pending T-Visa because USCIS had already denied the application and Respondent had been removed.

Noncitizens with past removal orders may need to first erase it before proceeding to the next step. Consult a professional immigration attorney before proceeding to pro per in either the motion or removal defense steps.