Wednesday, January 18th, 2017

CA11 (En Banc) on Equitable Tolling: Avila-Santoyo v. U.S. Atty. Gen. (Abdi Overruled)



"[W]e overrule our circuit precedent in Abdi, and now hold that the 90-day time limit to file a motion to reopen under 8 U.S.C. § 1229a(c)(7)(C)(i) is not jurisdictional. ... [W]e agree with every other circuit to have addressed this issue and found equitable tolling to be applicable. ... Having concluded that the 90-day deadline for a motion to reopen is a nonjurisdictional claim-processing rule subject to equitable tolling, we GRANT Avila-Santoyo’s petition, VACATE the BIA’s order denying reopening, and REMAND to the BIA to consider whether to grant Avila-Santoyo’s request for equitable tolling." - Avila-Santoyo v. U.S. Atty. Gen., Apr. 12, 2013.

[The underlying BIA decision