Pineda v. Whitaker, No. 18-1162 (1st Cir. 2018)Annotate this Case
The First Circuit upheld the rejection of Petitioner’s motion to reopen his removal proceedings by the Board of Immigration Appeals (BIA) and denied his petition for judicial review, holding that Petitioner failed to demonstrate due diligence in filing his untimely motion to reopen.
Petitioner waited four and one-half years before moving to reopen his removal proceedings. The BIA denied the motion to reopen as untimely, finding no basis for equitable tolling, concluding that Petitioner had not exercised due diligence in filing his motion. The First Circuit affirmed, holding that the BIA did not commit a material error of law and did not exercise its authority arbitrarily, capriciously, or irrationally by denying the motion to reopen.