Edelfo Albillo-De Leon v. Alberto R. Gonzales, Attorney General
Court of Appeals for the Ninth Circuit
1Opinion of the Court
PREGERSON, Circuit Judge.
An Immigration Judge (“U”) dismissed Petitioner Edelfo Albillo-DeLeon’s motion to reopen his deportation proceedings as untimely. The Board of Immigration Appeals (“BIA”) affirmed without opinion. We have jurisdiction under 8 U.S.C. § 1252. For the reasons set forth below, we grant Albillo-DeLeon’s petition and remand to the BIA for further proceedings.
I. Factual and Procedural Background
Albillo-DeLeon, a native and citizen of Guatemala, entered the United States without inspection on February 29, 1988. He has lived continuously in the United States for the last…
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