United States First Circuit

On remand from the Supreme Court for reconsideration in light of Kucana v. Holder, a Brazilian citizen's petition for review of the BIA's denial of his second motion to reopen proceedings is denied where: 1) jurisdiction exists to review the BIA's decision to deny equitable tolling of the time and number limitations governing petitioner's second motion to reopen but not to review the BIA's refusal to exercise its sua sponte authority to reopen; and 2) even assuming arguendo that equitable tolling of these requirements is available, the BIA did not abuse its discretion in denying the motion, as BIA found that petitioner failed to show he had exercised due diligence in pursuing, reopening, and substantial evidence supported that factual determination.

Appellate Information

• Decided 07/21/2010
• Published 07/21/2010

Judges

• Per Curium

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Saher Joseph Macarius, Stacey I. Young