The Fourth Circuit has issued a decision analyzing the competing standards for reopening presented by Matter of L-O-G- (reasonable likelihood of success upon reopening) and Matter of Coelho (new evidence would likely change the outcome). The Court concluded that the Coelho standard only applies in cases in which there are special, adverse considerations, while L-O-G- presents a more generally applicable standard for reopening. The L-O-G- standard, for example, is available when the movant is seeking previously unavailable relief.

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

https://www.ca4.uscourts.gov/opinions/221368.P.pdf

Comment