U.S. Court of Appeals for the First Circuit
Kim v. Blanche
July 30, 2026
Summary
The First Circuit granted Deman Kim's petition for review of the BIA's denial of his second motion to reopen his removal proceedings. The court held the BIA committed legal error by adjudicating the motion under the statutory reopening framework — the ninety-day and numerical bars and equitable tolling — when Kim had expressly invoked the BIA's sua sponte authority under 8 C.F.R. § 1003.2(a), which is subject to no time bar. The court also held the BIA legally erred in concluding Kim failed to show a procedural defect, because the Rhode Island Superior Court's order facially vacated his 1996 conviction under Rule 11 based on a noncompliant plea colloquy. The case was remanded to the BIA for further proceedings.