Njilefac v. Garland, No. 20-60520 (5th Cir. 2021)
Annotate this CaseThe Fifth Circuit denied a petition for review of the BIA's decision denying petitioner's motion for reconsideration. Petitioner primarily argues that the Board did not adequately consider two declarations indicating that his counsel did not receive certain documents related to the proceedings. The court concluded that these declarations do not sufficiently rebut the presumption that his counsel received the documents the Board sent. Therefore, petitioner's argument that the Board should have reconsidered its decision in light of the declarations fails. Furthermore, petitioner's remaining arguments, which all stem from the alleged nonreceipt of documents and his alleged inability to file a responsive brief, also fail.
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