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Immigration Law

Unpub. BIA Equitable Tolling Victory: Matter of Lugo-Resendez (Dec. 27, 2017)

Jodi Goodwin writes: "Thought you all would be interested in the attached unpublished BIA decision in which the Board (Pauley) follows the Fifth's decision in Lugo-Resendez.  [Lugo-Resendez v. Lynch, 831 F.3d 337 (5th Cir. 2016)]  As background, the case was remanded to the IJ for the initial findings with respect to whether equitable tolling should apply in this case.  IJ Hunsucker denied the MTR and refused to apply equitable tolling instead focusing on finality, which was directly in contravention to the Fifth Circuit's instructions.  In any event, the BIA reversed Hunsucker and reopened the proceedings.  Remanded to allow further proceedings.  The government indicated they will file an I-261 to amend the charge (as he is no longer considered an aggravated felony based on Lopez), and we will file for Cancellation of Removal.  Meanwhile, my client has been in Mexico for years and I will be working to bring him back in for his merit hearing (and hopefully a final WIN on the COR).  Nine members of the family were present and they have been very supportive throughout.  Yes, this is the same Lugo-Resendez from the 5th's decision.  See folks, we just have to keep fighting these things!  Shared unredacted with permission from Mr. Lugo."