The Seventh Circuit has declined to address a challenge to the two-step stop time rule put forth by the Board of Immigration Appeals (Board) in Matter of Mendoza-Hernandez. Instead, the court simply held that the petitioner waited too long to bring the challenge, as she had not even applied for cancellation of removal when she was in proceedings. This decision is oddly reasoned in my view, as the Board did not deny the motion to reopen on timeliness grounds, but instead, assumed the petitioner was entitled to equitable tolling.

The full text of Chen v. Barr can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D05-29/C:19-2375:J:Easterbrook:aut:T:fnOp:N:2523785:S:0

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