Facts of the Case:
Agron Kucana, a citizen of Albania, entered the United States in 1995 and did not leave when his visa expired. Mr. Kucana applied for asylum but failed to appear at his hearing, after which he was ordered removed from the United States. He filed a motion to reopen his case, which was denied. On appeal, the Board of Immigration Appeals (BIA) affirmed. After failing to remove himself from the United States, Mr. Kucana once again moved to reopen his case, contending that conditions in Albania had deteriorated to the extent where his life would be in danger upon his return. His motion was denied.
On appeal to the U.S. Court of Appeals for the Seventh Circuit, he argued that the BIA "abused its discretion" in denying his claim when it failed to consider an affidavit testifying to the dangerous conditions existing in Albania. The Seventh Circuit held that it lacked jurisdiction to review the matter. It found that the BIA's decision not to reopen Mr. Kucana's case was "discretionary." 8 U.S.C. Section 1252(a)(2)(B)(ii) provides that "no court has jurisdiction to review" any decision that is under the discretion of the BIA. Therefore, the court reasoned that Mr. Kucana's claim was not reviewable by a federal court of appeals.
