These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
deadlines
The Tenth Circuit has reaffirmed that a petition for review (PFR) challenging a reinstatement order is timely if it is filed within 30 days of the Board of Immigration Appeals’ decision at the end of the ensuing withholding/CAT only proceeding. The PFR need be filed within 30 days of ICE’s issuance of the reinstatement order.
The full text of Arostegui-Maldonado v. Garland can be found here:
https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110897188.pdf
The Fourth Circuit has determined that the 30-day filing deadline for a petition for review runs from the date of the order, not the date the order is served on the parties.
The full text of Santos-de Jimenez v. Garland can be found here:
The Fifth Circuit has determined that the 30-day filing deadline for a BIA appeal is subject to equitable tolling.
The full text of Boch-Saban v. Garland can be found here:
https://www.ca5.uscourts.gov/opinions/pub/20/20-60540-CV0.pdf
The Board of immigration Appeals has deemed it permissible for an Immigration Judge to set a filing deadline for an asylum application prior to the next hearing, and then deem the application abandoned if it is not filed on time. The Board also determined that video teleconferencing hearings do not violate a non-citizen’s due process rights.
The full text of Matter of R-C-R- can be found here:
