Goulart v. Garland, No. 19-72007 (9th Cir. 2021)Annotate this Case
Goulart, a citizen of Brazil. was removed in 2013, after the BIA determined that his conviction was a crime of violence under 18 U.S.C. 16(b). In 2015, the Ninth Circuit held that section 16(b) was unconstitutionally vague. In 2018, the Supreme Court affirmed in “Dimaya.” Goulart learned of the latter ruling on June 9, 2018, when he was so informed by his former defense attorney. He filed his motion for reconsideration based on a change in the law on July 16, 2018.
The Ninth Circuit held that the BIA did not abuse its discretion in denying Goulart’s claim for equitable tolling of the 30-day motions deadline. Goulart failed to present any evidence suggesting that he diligently pursued his rights during the time between his removal in 2013 and when he learned of Dimaya in 2018. Even assuming that he was unaware of the Ninth Circuit’s 2015 decision, the BIA did not act arbitrarily or irrationally in determining that Goulart failed to make reasonable efforts to pursue relief.