Motion to reopen filed 6 years after I-130 denial approved by USCIS in Santa Ana, CA. Client can now apply for residency, through his sister’s petition, in 3 years rather than having to refile and wait 13 years.
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As a matter of first impression, the Ninth Circuit held that a car’s mechanical failure does not alone compel granting a motion to reopen based on exceptional circumstances. Accordingly, the court upheld the BIA’s denial of the motion to reopen to rescind the in absentia removal order entered against the petitioner, whose car had broken down on the way to her removal hearing.
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In a nonprecedent decision, the AAO granted the motion to reopen and remanded, finding that the applicant met all of the Lozada requirements, and satisfied his burden of showing that his delay in filing for Temporary Protected Status (TPS) was due to the ineffective assistance of an individual impersonating an attorney.
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Motion to reopen and adjustment of status/green card application granted for client with a marijuana conviction who entered the United States in 2002 with only a school ID. USCIS denied client’s application in 2014 finding that he failed to prove that he was properly admitted to the United States. Our office then filed a motion to reopen along additional evidence of his entry, including results from a polygraph examination, and his case was approved nearly 2 years later. Client can now legally stay in this country with his wife and children and apply for citizenship in the future.
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The Fifth Circuit granted the petition for review, holding that the 90-day deadline for filing motions to reopen can be equitably tolled, and remanding for the BIA to determine if equitable tolling was appropriate in the petitioner’s case. The court urged the BIA not to apply the equitable tolling test “too harshly,” noting the difficulties faced by immigrants who may be “poor, uneducated, unskilled in the English language, and effectively unable to follow developments in the American legal system—much less read and digest complicated legal decisions.”
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Holding that it may only review the denial of a statutory motion to reopen under INA §240(c)(7), the Eighth Circuit found that it lacked jurisdiction to review the denial of the petitioner’s motion to reopen, because the motion requested that the Board of Immigration Appeals reopen the removal proceedings pursuant to its sua sponte discretion under 8 CFR §1003.2(a).
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