Category Archives: Motion to Reopen

Recent Cases United States Court of Appeals for the 7th Circuit (October 2017-December 2017)

Baez-Sanchez v. Sessions, No. 16-3784 (October 6, 2017) Petition for Review, Order of Bd. of Immigration Appeals Petition granted Bd. erred in finding that IJ lacked authority to grant alien’s request to waive alien’s inadmissibility (and thus to temporarily halt … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Administrative Procedure Act, Asylum, Cancellation of Removal for Non-Lawful Permanent Residents, I-751 petition, Motion to Reopen, remove residency conditions, U nonimmigrant status, U-Visa, Uncategorized, Victims of Trafficking and Violence Protection Act, violating order of protection, writ of mandamus | Leave a comment

SCOTUS affirms jurisdiction to decide equitable tolling of statutory time limit to file a motion to reopen a removal proceeding

Issue: Whether the Fifth Circuit erred in holding that it had no jurisdiction to review petitioner’s request that the Board of Immigration Appeals equitably tolled the ninety-day deadline on his motion to reopen as a result of ineffective assistance of … Continue reading

Posted in equitably toll the ninety-day deadline on motion to reopen, ineffective assistance of counsel, Motion to Reopen, reopen the removal proceeding sua sponte, SCOTUS | Leave a comment

CA7 denies motion to reopen filed almost nine years from the final administrative removal order

Patel v Holder, Case No. 13-2442 (C.A. 7. Apr. 1, 2014) Jyotsnaben and Pravin Patel petition for review of a denial by the Board of Immigration Appeals of their motion to reopen their removal proceedings. The Patels moved to reopen … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Administrative closure, Motion to Reopen | Tagged | Leave a comment

Zambrano v Holder CA7, illegal reentry bars Motion to Reopen and 212 (c) discretionary relief

Reyes, a citizen of Mexico, entered the U.S. in 1979 and was granted lawful permanent resident status in 1989. In 1993, he pled guilty to two felony counts of aggravated sexual abuse of a minor. He was sentenced to six … Continue reading

Posted in 212(c), 7th Circuit, 7th Circuit Cases- Aliens, illegal re-entry, illegal reentry, Motion to Reopen, Reinstatement removal order | Leave a comment