In this unpublished decision, the Board of Immigration Appeals (BIA) declined to reopen proceedings sua sponte upon finding the Supreme Court’s decision in Carachuri-Rosendo v. Holder, 560 U.S. 563 (2010), impacted the respondent’s eligibility for relief rather than his underlying removability. The Board also stated that while it did not base its decision on the timing of the respondent’s motion, “diligence in filing a motion could be a relevant factor to consider in determining whether sua sponte reopening is warranted.” The decision was written by Member Ellen Liebowitz.