United States First Circuit

Petition for review order of removal is denied in part and dismissed in part for lack of jurisdiction where: 1) there was more than substantial evidence to support the finding that petitioner did not show exceptional circumstances for his untimely motion to reopen; 2) the court lacks jurisdiction to review petitioner's claim that the Board of Immigration Appeals (BIA) should have granted equitable tolling because the agency based its decision on the factual determination that petitioner had not exercised due diligence, which is a precondition to equitable tolling.

Appellate Information

• Decided 12/23/2008
• Published 12/23/2008

Judges

Court

• United States First Circuit

Counsel