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CA1 Reopening Victory: Perez-Tino v. Barr (Guatemala; Changed Country Conditions)

August 31, 2019 (1 min read)

Perez-Tino v. Barr

"Marta Perez-Tino is a Guatemalan national of Mayan K'Iche' descent who entered the United States in 2001 without inspection. Facing the prospect of removal on the basis of a 2010 Board of Immigration Appeals ("BIA") decision denying her asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"), Perez-Tino filed a motion to reopen with the BIA years later, on February 28, 2018. She sought to excuse the untimeliness of that motion on the basis of changed country conditions in Guatemala. See 8 U.S.C. ยง 1229a(c)(7)(C)(ii). The BIA denied her motion to reopen as untimely. She petitioned for our review, and we now vacate and remand."

[Hats off to Nancy J. Kelly, Esq., John Willshire Carrera, Esq., and Maggie Morgan, Esq., Harvard Law School Immigration & Refugee Clinic at Greater Boston Legal Services!]