Medina v. Whitaker

STAHL, Circuit Judge.

Petitioner Jose Alberto Medina ("Medina"), a native and citizen of Guatemala, appeals an order of the Board of Immigration Appeals ("BIA") denying his motion to reopen his immigration proceedings as untimely. Medina concedes that the motion, which was filed nearly five years after the BIA ordered his removal, fell outside the 90-day limitations period set forth by statute and regulation. See 8 U.S.C. § 1229a(c)(7)(C)(i) ; 8 C.F.R. § 1003.2 (c)(2). However, he asks this court to find that the BIA abused its discretion in rejecting his equitable tolling argument which was…