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Lona v. Barr

Facts

Elizabeth Lona, a native and citizen of Mexico, became a lawful permanent resident in 1989. After several criminal convictions, she was placed in removal proceedings and ultimately removed to Mexico in 2013 after waiving her right to appeal. Over two and a half years later, Lona sought reconsideration of her removal order, arguing that recent legal changes invalidated her aggravated felony status and that she was entitled to equitable tolling of the filing deadline due to her late discovery of her eligibility for relief.

Issue

Did the BIA err in denying Lona's motion for reconsideration and her request for equitable tolling of the statutory deadline?

Rule

The BIA has broad discretion to deny motions for sua sponte reconsideration, and such decisions are generally unreviewable unless they involve legal or constitutional error. Equitable tolling may apply in cases where a petitioner is prevented from filing due to circumstances beyond their control.

The BIA has broad discretion to deny motions for sua sponte reconsideration, and such decisions are generally unreviewable unless they involve legal or constitutional error.

Analysis

The court held that the BIA's denial of equitable tolling was not unreasonable, as Lona failed to demonstrate timely action in her case. The BIA's decision to deny sua sponte reconsideration was also found to be within its discretion, as Lona did not meet the burden of proving that her situation was truly exceptional. The court noted that Lona had a full opportunity to raise her arguments earlier but did not do so.

The court held that the BIA's denial of equitable tolling was not unreasonable, as Lona failed to demonstrate timely action in her case.

Conclusion

The Ninth Circuit affirmed the BIA's decision, denying Lona's petition for review.

Who won?

The government prevailed in the case as the court upheld the BIA's decision to deny Lona's motion for reconsideration.

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