Rigoberto Avila-Santoyo v. U.S. Attorney General
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Per curiam
Rigoberto Avila-Santoyo, a native of Mexico, petitions for review of the Board of Immigration Appeals’s (“BIA’s”) order dismissing his appeal from the Immigration Judge’s (“U’s”) denial of his motion to reopen his removal proceedings. The BIA dismissed his appeal, concluding that it lacked jurisdiction under the departure bar 1 and, alternatively, that the motion was filed more than 90 days after Avila-San-toyo’s final order of removal and was not subject to equitable tolling. Under the statutory provisions of the Immigration and Nationality Act (“INA”) and its implementing regulations, an…
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