Damien Williams v. Merrick Garland, No. 20-1854 (4th Cir. 2023)
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The Department of Homeland Security (DHS) deported Petitioner, a permanent resident of the United States, since he was six years old, because the Board of Immigration Appeals (BIA or the Board) deemed his altercation with the police an aggravated felony. Because of that designation, Petitioner was not allowed back into the United States. In 2018, the Supreme Court ruled that the type of offense Petitioner committed no longer qualified as an aggravated felony. Learning of that decision in 2019, Petitioner moved the BIA to reconsider its original removal order and to equitably toll the usual thirty-day deadline for filing such motions in view of the legal change. The BIA declined. It did not dispute that Petitioner is entitled to be readmitted into the country, but it rejected Petitioner’s request to toll the limitations period, believing him insufficiently diligent in discovering his rights.
The Fourth Circuit held that it has jurisdiction. Accordingly, the Court vacated the Board’s diligence determination, remanding to the BIA to consider the second prong of the equitable-tolling inquiry—whether the change in the law constituted an extraordinary circumstance—as well as the merits of Petitioner’s claim. The court explained that because the BIA determined Petitioner was not diligent, it did not consider whether Johnson and Dimaya presented an extraordinary circumstance that would warrant equitable tolling.
This opinion or order relates to an opinion or order originally issued on November 16, 2022.
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