The Fifth Circuit, in evaluating whether a non-citizen exercised due diligence in moving to reopen his proceedings, has indicated the importance of the date he learned of the availability of post-conviction relief. The Court rejected the argument that diligence should be measured from when the post-conviction order was granted.

The full text of Arevalo v. Bondi can be found here:

www.ca5.uscourts.gov/opinions/pub/24/24-60349-CV0.pdf

Comment