Sunday, May 01, 2005

Late motion to reopen can be accepted if delay due to fraud

In Borges v. Attorney General, No. 04-1835 (3d Cir. Mar. 30, 2005), the Third Circuit ruled that filing a motion to reopen after the 180-day deadline expired can still be accepted if the immigrant can show that there are equitable reasons for the delay. It also ruled that being defrauded by a prior attorney (or notario) could be an acceptable reason to excuse the delay. It does require proving that the immigrant was actually defrauded and tried to make the motion to reopen as promptly as possible.


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