Sixth Circuit panel recommends that en banc reconsideration of authority to review sua sponte motions

In Gor v Holder, 607 F.3d 180 (6th Cir. 2010), http://www.ca6.uscourts.gov/opinions.pdf/10a0162p-06.pdfm, the court followed its previous decisions that concluded that the court lacked jurisdiction to review the denial of a sua sponte motion to reopen.  Two judges on the panel called into question the continuing validity of this authority in light of the Supreme Court's decision in Kucana v. Holder, 130 S. Ct. 827 (2010).

The alien has filed a petition for en banc rehearing and the American Immigration Court is appearing as amicus.