EOIR, July 2, 2024 "The Executive Office for Immigration Review (EOIR) today announced the launch of Respondent Access Portal , a secure online platform that allows unrepresented individuals who...
Nash v. Mikesell "A division of the court of appeals considers whether Colorado law prohibits state or local law enforcement officers from performing the arrest and detention functions of federal...
VELAZQUEZ V. GARLAND DECISION BELOW: 88 F.4th 1301 (CA10) CERT. GRANTED 7/2/2024 QUESTION PRESENTED: Federal immigration law allows the government to grant a "voluntary departure" period...
Gutierrez v. Garland "Sergio Manrique Gutierrez petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal of an order of removal by an Immigration...
BIA, June 28, 2024 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue(s): ISSUE(S) PRESENTED: What is the scope of...
"[W]e overrule our circuit precedent in Abdi, and now hold that the 90-day time limit to file a motion to reopen under 8 U.S.C. § 1229a(c)(7)(C)(i) is not jurisdictional. ... [W]e agree with every other circuit to have addressed this issue and found equitable tolling to be applicable. ... Having concluded that the 90-day deadline for a motion to reopen is a nonjurisdictional claim-processing rule subject to equitable tolling, we GRANT Avila-Santoyo’s petition, VACATE the BIA’s order denying reopening, and REMAND to the BIA to consider whether to grant Avila-Santoyo’s request for equitable tolling." - Avila-Santoyo v. U.S. Atty. Gen., Apr. 12, 2013.
[The underlying BIA decision is here, courtesy of Ben Winograd. Hats off to Claudia Valenzuela Rivas of the National Immigrant Justice Center and Jason Burnette and Brian Murray of Jones Day!]