Kelmer Da Silva Neves v. Eric Holder, Jr. ( 2010 )

United States Court of Appeals
For the First Circuit
No. 07-1091
KELMER DA SILVA NEVES,
Petitioner,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL,
Respondent.
ERRATA SHEET
The opinion of this Court issued on July 21, 2010, is amended
as follows:
On page 9, line 12, the following footnote 4 is added at the
end of the sentence:
The Supreme Court in Kucana stated that it "express[es]
no opinion on whether federal courts may review the
Board's decision not to reopen removal proceedings sua
sponte." Kucana v. Holder, 130 S. Ct. 827, 839 n.18
(2010). Because the Supreme Court declined to reach the
issue, Luis is still controlling law. Further, we note
that three circuits have concluded explicitly that Kucana
does not change the prior rule on this point. Gashi v.
Holder, No. 09-4200, 2010 WL 2563403, at *1 (2d Cir. June
22, 2010); Ochoa v. Holder, 604 F.3d 546, 549 & n.3 (8th
Cir. 2010); Jaimes-Aguirre v. U.S. Atty. Gen., 369 Fed.
Appx. 101, 103 (11th Cir. 2010).