DOMINGA SANIK HERRERA v. PAMELA BONDI, Attorney General - Articles

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Posted by: Azya Thornton on Dec 15, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Margaret W. Wong, MARGARET WONG & ASSOCIATES LLC, Cleveland, Ohio, for Petitioner.

Attorneys 2: ON BRIEF: Remi da Rocha-Afodu, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Judge(s): NALBANDIAN, DAVIS, and HERMANDORFER, Circuit Judges

Court Appealed: On Petition for Review from the Board of Immigration Appeals

HERMANDORFER, Circuit Judge. After Dominga Sanik Herrera entered the United States unlawfully, an immigration judge ordered her removed to her native country of Guatemala. Herrera later sought to reopen her removal proceedings on the ground that she lacked notice of the original removal hearing. Herrera’s attempt failed after she did not respond to an IJ’s request for more information about her lack-of-notice claim. Nearly a decade later, in 2020, Herrera re-raised her lack-of-notice argument in a second motion to reopen her removal proceedings. The IJ denied her motion as number barred. The Board of Immigration Appeals agreed and dismissed Herrera’s appeal of the IJ’s decision. It also declined to reopen proceedings sua sponte. Because Herrera failed to exhaust her number-bar challenge, we deny her petition in part. And because we lack jurisdiction over the Board’s decision not to reopen sua sponte, we dismiss her petition in part.

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