Is the Board of Immigration Appeals’ Refusal to Toll the Filing Period for Motions to Reopen Removal Proceedings Subject to Judicial Review?

Abstract

Case at a Glance: Mata v. Holder

After being ordered removed from the United States, petitioner filed a motion to reopen removal
proceedings. The Board of Immigration Appeals (BIA) denied the motion based on petitioner’s untimely filing and declined to apply equitable tolling for ineffective assistance of prior counsel. Petitioner appealed to the U.S. Court of Appeals for the Fifth Circuit, arguing that the BIA should have tolled the filing period. The Fifth Circuit held that it did not have jurisdiction to review the BIA’s decision regarding tolling.

Keywords: U.S. Supreme Court, Immigration Law, Board Of Immigration Appeals, Removal Proceedings