Second Circuit Grants Reopening Based on Change in Law

The Second Circuit has determined that a deported LPR acted with diligence when he filed a motion to reopen or reconsider within 30 days of the Second Circuit determining that his conviction was not a removable offense.

The full text of Ramsay v. Bondi can be found here: https://ww3.ca2.uscourts.gov/decisions/isysquery/8ea3a373-602c-4410-a9b8-13d57d47d94e/3/doc/23-8121_opn.pdf

Fifth Circuit Finds that Motion Based on Change in Law was Properly Construed only as Motion for Reconsideration

The Fifth Circuit has determined that a motion filed based on a change in law (namely, the Supreme Court’s decision in Dimaya v. Sessions) was properly construed as only a motion to reconsider, and not a motion to reopen. As such, the 30-day filing deadline was properly applied by the agency (starting from the date the petitioner learned of the Dimaya decision), instead of the longer 90-day deadline applicable to motions to reopen.

The full text of Gonzalez Hernandez v. Garland can be found here:

https://www.ca5.uscourts.gov/opinions/pub/19/19-60274-CV0.pdf