Penalva v. Sessions

February 28, 2018 by Justia

The Fifth Circuit dismissed the petition for review of the BIA's decision affirming the IJ's denial of petitioner's motion to reopen. The court held that whether petitioner diligently pursued her rights to warrant equitable tolling was a question of fact and the jurisdictional bar of 8 U.S.C. 1252(a)(2)(C) applied. Therefore, the court lacked jurisdiction to consider the petition. View "Penalva v. Sessions" on Justia Law