Monday, June 24, 2019

Supreme Court Grants Cert in Two Equitable Tolling/Motion to Reopen Cases

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.

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