Case Explained: DEMAN KIM v. TODD BLANCHE,* Acting Attorney General

Court: United States Court of Appeals for the First Circuit Filed: 2026-07-30 The first-circuit granted Deman Kim’s petition for review of the Board of Immigration Appeals’ (BIA) denial of his second motion to reopen removal proceedings and remanded the case for further proceedings. The court held that the BIA committed legal error by misunderstanding the authority under which Kim sought reopening and by overlooking critical evidence regarding the basis for the vacatur of his criminal conviction. The court applied the standard that while federal appellate courts generally cannot review denials of *sua sponte* motions to reopen, they may do so where there is a colorable claim of legal or constitutional error under 8 U.S.C. § 1252(a)(2)(D). The court found such error because the BIA incorrectly treated Kim’s motion as a statutory motion to reopen under 8 U.S.C. § 1229a(c)(7), which is subject to time and number bars and equitable tolling requirements, rather than recognizing it as a *sua sponte* request under 8 C.F.R. § 1003.2(a), which allows the BIA to reopen proceedings “at any time” with unfettered discretion. Additionally, the court determined that the BIA erred by disregarding the Rhode Island Superior Court’s order vacating Kim’s conviction pursuant to Rule of Criminal Procedure 11. The court reasoned that a vacatur based on a violation of Rule 11 constitutes a procedural defect in the underlying criminal proceedings, satisfying the requirement for reopening under *Matter of Thomas & Thompson*, rather than being based on equitable grounds unrelated to the merits. As a result of this decision, the case is remanded to the BIA so it may exercise its authority to reopen Kim’s removal proceedings against the correct legal background, specifically considering his motion as a *sua sponte* request and properly evaluating the procedural nature of the state court’s vacatur order. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.