concurring separately.
I concur in the result.
I do not agree, however, that the motion to change venue was flawed, as stated on page 1560 of this court’s opinion.
Nevertheless, after mailing the motion to the immigration judge, petitioner or counsel still retained the obligation to follow up on the motion to make sure that the motion had been received and filed and would be acted upon by the immigration judge prior to the scheduled hearing on deportation. Because petitioner or counsel failed to follow up on the motion before the hearing, I agree that the BIA did not err in affirming the IJ’s denial of Hernandez’s motion to reopen.