These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
appeal deadline
The Ninth Circuit has determined that the 30-day deadline to file a petition for review of a removal order is not jurisdictional. The court has further determined that a petition for review filed within 30 days of the completion of reasonable fear proceedings (rather than the issuance of a reinstatement order) is timely.
The full text of Alonso-Juarez v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2023/09/08/15-72821.pdf
The Board of Immigration Appeals has determined that its appeal deadline is a claims processing rule, and that a late-filed appeal is subject to equitable tolling of the deadline if the appealing party demonstrates that he pursued his rights diligently and that some extraordinary circumstance prevented timely filing. “An extraordinary circumstance may include those situations where reasonable expectations about an event’s occurrence are interrupted. One example is where a party uses a guaranteed delivery service, and the service fails to fulfill its guarantee. Here, counsel for the respondents has not explained how a document was inadvertently mailed, rather than sent by guaranteed overnight delivery.”
The full text of Matter of Morales-Morales can be found here:
The First Circuit has remanded a petition for the Board of Immigration Appeals (BIA) to determine if the 30-day filing deadline for a BIA appeal should be equitably tolled for a medically vulnerable detainee whose appeal was filed during the COVID pandemic.
The full text of James v. Garland can be found here:
