In a break from its past precedent following the Supreme Court's decision in Mata v. Lynch, the Fifth Circuit has determined that equitable tolling can be applied to the filing deadline for statutory motions to reopen. In this case, a former lawful permanent resident moved to reopen his case 11 years after he was ordered removed based on several positive changes in law. The Fifth Circuit remanded to determine if these changes in law could toll the 90 day filing deadline typically applied to a motion to reopen. Though the Court expressed no opinion on whether tolling was appropriate, it did note that the petitioner would need to prove: (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.
The full text of Lugo-Resendez v. Lynch can be found here:
http://www.ca5.uscourts.gov/opinions/pub/14/14-60865-CV0.pdf