Matter of Morales-Morales, 28 I&N Dec. 714 (BIA 2023) - (1) The Board of Immigration Appeals has authority to accept what are otherwise untimely appeals, and consider them timely, in certain situations because 8 C.F.R. § 1003.38(b) (2022) is a claim-processing...
Abbas v. Garland (unpub.) "Mohamed Kamal Eldin Abbas (“Abbas”), a native and citizen of Egypt, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) denying his motions to reconsider and to reopen removal proceedings. ... We grant...
Lara Canales v. Garland "This appeal arises from the Board of Immigration Appeals’ (BIA) denial of Karla Yadira Lara Canales’s motion to reopen her removal proceedings. The BIA denied her motion to reopen as untimely, leaving the order of removal in place...
Williams v. Garland - Petition for review granted, vacated, and remanded by published opinion. Senior Judge Floyd wrote the opinion in which Senior Judge Motz joined. Judge Rushing wrote a separate dissenting opinion. "In 2006, the Department of Homeland...
Estrada-Cardona v. Garland "The Attorney General may allow otherwise-removable aliens to remain in the country if, among other things, they have accrued 10 years of continuous physical presence in the United States. We call this form of discretionary relief...
Boch-Saban v. Garland "Petitioner Jose Santos Boch-Saban, a citizen of Guatemala, seeks review of a Board of Immigration Appeals decision dismissing, as untimely, his appeal of an immigration judge’s order denying, as time and number barred, his motion to...
Matter of Siahaan, Feb. 23, 2022 "Upon our review, we are satisfied that the respondents exercised reasonable diligence in pursuing their claim. See Lawrence v. Lynch, 826 F.3d at 203-04; Kuusk v. Holder, 732 F.3d at 305-06. They have provided evidence indicating...
James v. Garland "After an immigration judge (IJ) ordered petitioner Andrea Joy James removed from the United States, the Board of Immigration Appeals (BIA) dismissed James's appeal as untimely. In so doing, the BIA failed to address James's request...
Nkomo v. Atty. Gen. "Because Nkomo properly raised equitable tolling before the BIA, the BIA erred in failing to consider her request for equitable tolling on the merits. We remand for the Board to do so in the first instance." [Hats off to Jerard...
Attipoe v. Barr "Petition for review of the January 18, 2018 decision of the Board of Immigration Appeals (“BIA”) refusing to accept Emeli Attipoe’s untimely appeal of an Immigration Judge’s July 8, 2016 order of removal to Ghana. The BIA erred in refusing...
Watson v. USA, July 31, 2017 - "Davino Watson, a United States citizen, was improperly held in immigration detention for more than three years because the government mistakenly believed that he was a deportable alien. He sued under the Federal Tort Claims...
Lugo-Resendez v. Lynch, July 28, 2016 - "[Nine other circuits have] held that the deadline for filing a statutory motion to reopen is subject to equitable tolling in certain circumstances. We are persuaded by the reasoning of these cases and join our sister...
Mendoza v. Lynch, Apr. 28, 2016 - "Here, the BIA concluded that Mendoza was not diligent before or after she learned of Chavez’s alleged ineffectiveness. But the BIA’s reasons for concluding that Mendoza failed to establish diligence are not supported by the...
"Sometimes, it is difficult to distinguish between a client’s bad luck and a lawyer’s bad advice. Risk is an inherent part of litigation, and lawyers must weigh countless probabilities when advising their clients on what claims to pursue, motions to file,...
"The petitioner, Jose S. Lisboa, Jr., seeks review of a decision by the Board of Immigration Appeals denying his motion to reopen removal proceedings. An immigration judge ordered Lisboa, then legally in the country, removed on the basis of a conviction in...