Monday, June 24, 2019
Todapresentedy, the U.S. Supreme Court granted review in a consolidated pair of cases involving equitable tolling of the statutory deadline for a motion to reopen. The consolidated cases are Guerrero-Lasprilla v. Barr and and Ovalles v. Barr. The issue presented is whether a request for equitable tolling, as it applies to statutory motions to reopen removal proceedings, is judicially reviewable as a “question of law”; only "questions of law" are subject to judicial review under the immigration statute. The Fifth Circuit found that it lacked jurisdiction.