Fifth Circuit finds that Filing Deadline in 8 U.S.C. § 1503(a) is Non-Jurisdictional

The Fifth Circuit has determined that the 30 day filing deadline in 8 U.S.C. § 1503(a) is a claims processing rule. The court further determined that “a denial of a timely motion to reconsider or motion to reopen may serve as the final administrative denial on a particular claim. If the motion is untimely, then the AAO decision is final.”

The full text of Villegas Sarabia v. Noem can be found here:

https://www.ca5.uscourts.gov/opinions/pub/24/24-50750-CV0.pdf

Third Circuit Addresses Jurisdiction over Denied Nationality Claim

The Third Circuit has determined that when a Circuit Court transfers a nationality claim to a District Court, and the District Court denies that claim, the Circuit Court that typically hears appeals from that District Court has jurisdiction over the appeal of the denied nationality claim, not the Circuit Court which initiated the transfer.

The full text of Ricketts v. Attorney General can be found here:

http://www2.ca3.uscourts.gov/opinarch/163182p.pdf