Rodriguez-Manzano v. Holder, Jr., No. 09-60795 (5th Cir. 2012)
Annotate this CasePetitioner, a citizen of El Salvador, appealed both the BIA's dismissal of his initial appeal of the denial of his motion to reopen his deportation proceedings because of ineffective assistance of counsel and its denial of his motion for reconsideration. The court affirmed the denial of petitioner's first motion to reopen his deportation proceedings because he failed to comply with Matter of Lozada. The court held, however, that the BIA abused its discretion by denying petitioner's motion for reconsideration where the BIA imposed a due diligence requirement that was not part of Lozada's three-part test. Moreover, in doing so, the BIA directly contravened its own precedent and its earlier conclusion in this proceeding relying on that precedent in support of its conclusion that his motion was in fact timely filed. Accordingly, the court reversed the BIA's denial of petitioner's motion for reconsideration and remanded for further proceedings.
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