Legal Opinion

Pineda v. Whitaker

Court of Appeals for the First Circuit

Decided November 19, 2018No. 18-1162PPublishedCited by 17 opinions

1Opinion of the Court

SELYA, Circuit Judge.

We recently wrote that "[m]otions to reopen-especially untimely motions to reopen-are disfavored in immigration cases. Consequently, an alien who seeks to reopen removal proceedings out of time ordinarily faces a steep uphill climb." Sihotang v. Sessions , 900 F.3d 46 , 48 (1st Cir. 2018). This case, in which the petitioner waited roughly four and one-half years before moving to reopen his removal proceedings, bears witness to the difficulty of the ascent. Concluding, as we do, that the petitioner has not shown a sufficient reason to excuse his delay, we uphold the…

2Cases cited20 opinions

  1. Nken v. HolderSupreme Court of the United States · 2009
  2. LOZADABoard of Immigration Appeals · 1988
  3. Lopez v. GonzalesSupreme Court of the United States · 2006
  4. Joseph A. Puleio v. George A. Vose, Jr., Etc.Court of Appeals for the First Circuit · 1987
  5. Jeffrey Kassel v. Gannett Co., Inc., D/B/A "Usa Today,"Court of Appeals for the First Circuit · 1989

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3Cited by17 opinions

  1. Adeyanju v. GarlandCourt of Appeals for the First Circuit · 2022
  2. Gicharu v. CarrCourt of Appeals for the First Circuit · 2020
  3. Nantume v. BarrCourt of Appeals for the First Circuit · 2019
  4. United States v. Castillo-MartinezCourt of Appeals for the First Circuit · 2021
  5. Ferreira v. BarrCourt of Appeals for the First Circuit · 2019

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