Wan v. Holder

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Federal authorities instituted removal proceedings against Petitioner, a Chinese national. Petitioner failed to appear at the scheduled hearing, and an immigration judge (IJ) entered an order of removal in absentia. Almost a decade later, Petitioner moved to reopen his removal proceedings, alleging ineffective assistance of counsel. The IJ denied the motion to reopen as untimely. Petitioner unsuccessfully appealed to the Board of Immigration Appeals (BIA). Petitioner sought judicial review, which was interrupted by the First Circuit’s remand of the case upon a motion by the government for consideration of whether Petitioner qualified for relief based on changed circumstances in his homeland. The BIA concluded that Petitioner failed to present evidence demonstrating a material change in China’s country conditions since he was ordered removed. Petitioner then filed a new petition for judicial review. The First Circuit denied the petitions for review, holding (1) Petitioner was not entitled to an exception to the filing deadline due to lack of notice; (2) the IJ did not abuse her discretion in failing to apply equitable tolling; and (3) the First Circuit lacked jurisdiction to hear and determine Petitioner’s claim that the BIA engaged in impermissible factfinding. View "Wan v. Holder" on Justia Law