The Fifth Circuit has determined that a motion filed based on a change in law (namely, the Supreme Court’s decision in Dimaya v. Sessions) was properly construed as only a motion to reconsider, and not a motion to reopen. As such, the 30-day filing deadline was properly applied by the agency (starting from the date the petitioner learned of the Dimaya decision), instead of the longer 90-day deadline applicable to motions to reopen.

The full text of Gonzalez Hernandez v. Garland can be found here:

https://www.ca5.uscourts.gov/opinions/pub/19/19-60274-CV0.pdf

Comment