Sergio Lugo-Resendez v. Loretta Lynch
Court of Appeals for the Fifth Circuit
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Petitioner Sergio Lugo-Resendez filed a motion to reopen his removal proceedings in the Immigration Court. The Immigration Judge denied his motion as untimely, and the Board of Immigration Appeals affirmed. We GRANT Lugo-Resendez’s petition for review, and REMAND for further proceedings.
I
Petitioner Sergio Lugo-Resendez, a citizen of Mexico, was admitted to the United States as a lawful permanent resident in August 1973. In December 2002, he pleaded guilty in Texas state court to one felony count of “possession of controlled substance less than one gram.”…
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