5th Circ. Gives Deported Mexican Chance To Reopen Case

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Law360, New York (July 29, 2016, 8:43 PM ET) — The Fifth Circuit gave a Mexican national convicted of drug possession another chance to fight his deportation, finding Thursday that an immigration judge had failed to consider if the man’s motion to reopen the case was timely under equitable tolling.

The three-judge panel said the Board of Immigration Appeals abused its discretion by ignoring Sergio Lugo-Resendez’s argument that it had wrongly applied the so-called departure bar, a regulation that strips the board of jurisdiction to consider motions to reopen filed by unauthorized immigrants who have left the…

Source: Law360