The Seventh Circuit has reaffirmed that it has jurisdiction to review legal errors committed by the Board of Immigration Appeals during the adjudication of a sua sponte motion to reopen. Fuller’s application for protection under the Convention Against Torture was denied on credibility grounds. He subsequently filed a motion to reopen with corroborating letters, in an attempt to overcome the adverse credibility determination. “The Board said in its order that Fuller was not challenging its prior conclusions regarding his credibility or his eligibility for deferral of removal; but that declaration cannot be reconciled with either the letter or the spirit of Fuller’s request for relief.”
The full text of Fuller v. Whitaker can be found here: