Flores-Moreno v. Barr, No. 19-60017 (5th Cir. 2020)
Annotate this Case
The Fifth Circuit denied a petition for review of the BIA's denial of petitioner's motion to reopen removal proceedings. The court held that the BIA did not abuse its discretion in determining that petitioner's seven-years-late motion was untimely and not entitled to equitable tolling.
In this case, petitioner argued that the 90-day deadline should be equitably tolled because he exercised due diligence in the face of extraordinary circumstances stemming from the erroneous advice he received from his attorneys. After determining that it had jurisdiction to review the BIA's determination, the court held that the BIA did not misapply the equitable tolling standard and rejected petitioner's claim that the BIA required him to demonstrate a "maximum feasible diligence." Furthermore, the BIA did not abuse its discretion by ignoring petitioner's gross miscarriage of justice claim.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.