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Keywords

attorneystatutemotionregulationasylumdeportationstatute of limitations
attorneystatutemotionregulationasylumdeportationstatute of limitations

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Varela v. Immigration and Naturalization Service

Facts

Varela, a native of Guatemala, entered the U.S. without inspection and was ordered to show cause for deportation. After withdrawing his asylum application, he was advised by his attorney to have his wife, a soon-to-be U.S. citizen, file for his adjustment of status. Varela mistakenly gave money and documents to an individual he believed was his attorney's assistant, who failed to file the necessary paperwork, leading to the BIA's denial of Varela's motion to reopen based on the filing of multiple motions.

Varela, a native of Guatemala, entered the U.S. without inspection and was ordered to show cause for deportation. After withdrawing his asylum application, he was advised by his attorney to have his wife, a soon-to-be U.S. citizen, file for his adjustment of status. Varela mistakenly gave money and documents to an individual he believed was his attorney's assistant, who failed to file the necessary paperwork, leading to the BIA's denial of Varela's motion to reopen based on the filing of multiple motions.

Issue

Whether the BIA correctly denied Varela's motion to reopen based on the regulation that prohibits filing more than one motion to reopen.

Whether the BIA correctly denied Varela's motion to reopen based on the regulation that prohibits filing more than one motion to reopen.

Rule

Under 8 C.F.R. 3.2(c)(2), a party may file only one motion to reopen deportation proceedings, which must be filed within 90 days of the final administrative decision.

Under 8 C.F.R. 3.2(c)(2), a party may file only one motion to reopen deportation proceedings, which must be filed within 90 days of the final administrative decision.

Analysis

The court found that Varela was misled by an individual posing as an attorney's assistant, which constituted deceptive actions that warranted equitable tolling of the statute of limitations. The court reasoned that the fraud not only justified tolling the statute of limitations but also necessitated waiving the numerical limit on motions to reopen, as the fraudulent actions prevented Varela from timely filing a valid motion.

The court found that Varela was misled by an individual posing as an attorney's assistant, which constituted deceptive actions that warranted equitable tolling of the statute of limitations. The court reasoned that the fraud not only justified tolling the statute of limitations but also necessitated waiving the numerical limit on motions to reopen, as the fraudulent actions prevented Varela from timely filing a valid motion.

Conclusion

The court granted the petition for review, reversed the BIA's denial of the motion to reopen, and remanded the case for the BIA to consider the merits of Varela's motion.

The court granted the petition for review, reversed the BIA's denial of the motion to reopen, and remanded the case for the BIA to consider the merits of Varela's motion.

Who won?

Petitioner, Luis Enrique Varela, prevailed because the court found that he was deceived by an individual posing as an attorney's assistant, which justified tolling the statute of limitations and waiving the limit on motions to reopen.

Petitioner, Luis Enrique Varela, prevailed because the court found that he was deceived by an individual posing as an attorney's assistant, which justified tolling the statute of limitations and waiving the limit on motions to reopen.

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