Capiz-Fabian v. Barr, No. 18-1687 (8th Cir. 2019)Annotate this Case
In 1988, petitioner filed an application for Temporary Resident Status as a Special Agricultural Worker. Over thirty years later, he petitioned to hold that the Administrative Appeals Office (AAO) erred in denying his appeal for failure to comply with the agency deadline.
The Eighth Circuit denied the petition for review and held that equitable tolling was not appropriate on the facts of petitioner's case. The court held that, regardless of whether petitioner was living at the record address at the time INS sent the notice, his failure to receive it was not an extraordinary circumstance because either updating the agency with a correct address or more closely monitoring the mail were within his control. Furthermore, even if petitioner could establish he did not receive the notice due to a genuinely extraordinary, unavoidable circumstance, the extended lapses in time were evidence that he failed to diligently pursue his rights.