Lawrence v. Lynch

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Petitioner, a native and citizen of Jamaica, seeks review of the BIA's denial of his motion to reopen as untimely and denial of his request for sua sponte reopening. Determining that it has jurisdiction, the court concluded that the Board conducted an appropriate, individualized inquiry into whether petitioner exhibited reasonable diligence to warrant equitable tolling. Having articulated and applied the correct standard in reviewing petitioner's claim for equitable tolling, the court concluded that the Board did not abuse its discretion. Nor did it abuse its discretion for either of the procedural deficiencies that Lawrence asserts. Because the Board appropriately analyzed and rejected petitioner’s request for equitable tolling, the court denied petitioner's motion to reopen as untimely. As to petitioner's request for sua sponte reopening, the court concluded that it lacked jurisdiction to review how the Board exercises its sua sponte discretion. View "Lawrence v. Lynch" on Justia Law