Summary
The Fifth Circuit held that the Board of Immigration Appeals (BIA) abused its discretion by denying a motion to reopen deportation proceedings as untimely without providing a reasoned explanation for rejecting the petitioner's equitable tolling argument. The court emphasized that an alien is entitled to the BIA's reasoned consideration of equitable tolling claims based on ignorance of the law, lack of financial means, or inadequate law library access. The petition for review was granted and the case remanded to the BIA for proper consideration of the equitable tolling argument in the first instance. Key topics: motion to reopen, equitable tolling, BIA abuse of discretion, and duty to consider tolling arguments.
Topics
Practice areas
Questions Presented
- Whether the BIA abused its discretion by denying Sanchez-Lopez's motion to reopen as untimely without addressing his equitable tolling argument.
Holdings
- The BIA abused its discretion by failing to provide a reasoned explanation for rejecting the equitable tolling argument.
Key quotations
“An alien ordered to leave the country has a statutory right to file a motion to reopen his removal proceedings.” (2)
“[T]he proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation.” (3)
Factual background
Sanchez-Lopez, a native of Mexico, became a permanent resident in 1990 but was deported in 1992 due to an aggravated felony conviction. In July 2018, he filed a motion to reopen his 1992 deportation proceedings, arguing ineffective assistance of counsel and seeking equitable tolling of the 90-day filing deadline based on ignorance of law, lack of finances, and lack of access to law libraries while in BOP custody.
Procedural history
Sanchez-Lopez, a permanent resident, was deported in 1992 after an aggravated felony conviction. In July 2018, he filed a motion to reopen his 1992 deportation proceedings alleging ineffective assistance of counsel. The BIA construed the motion as an untimely regulatory motion and declined jurisdiction under the departure bar. Sanchez-Lopez petitioned for review.
Remand instructions
The case is remanded to the BIA for further proceedings consistent with the opinion, specifically to apply the proper standard regarding equitable tolling in the first instance.