Louis Lyons v. Jefferson Sessions
694 F. App'x 605
| 9th Cir. | 2017Background
- In 1983 Lyons was ordered removed. In 1989 he obtained a judicial recommendation against deportation (JRAD) that he claims entitles him to relief from that 1983 removal.
- Lyons filed a motion to reopen in July 2014 seeking to rely on the 1989 JRAD; the BIA denied the motion and Lyons petitioned for review in the Ninth Circuit.
- Regulatory deadline: motions to reopen had to be filed by September 30, 1996 (or within 90 days of a final decision), and Lyons’ 2014 filing was well beyond that deadline.
- Between 1983 and 2006 Lyons reentered the U.S. without authorization on three occasions and was deported each time; he does not argue the JRAD applies to those subsequent removals.
- Lyons argued equitable tolling based on late discovery/misleading statements, and that a 1991 immigration judge misled him about available relief; the IJ and BIA in 1991 concluded the 1983 order was not before them and found no miscarriage of justice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of motion to reopen | Lyons: motion should be considered despite delay because JRAD entitles him to relief | BIA: motion untimely under 8 C.F.R. §1003.2(c)(2) (deadline expired in 1996) | Denied — motion untimely; filed decades after deadline |
| Equitable tolling / due diligence | Lyons: delay excused; he acted diligently or was prevented from timely filing | BIA: Lyons knew of JRAD in 1989 and did not pursue relief; no reasonable diligence shown | Denied — Lyons failed to show due diligence required for tolling |
| Applicability of JRAD to 1983 removal | Lyons: the 1989 JRAD entitles him to relief from the 1983 deportation | Government: JRAD does not revive untimely motion; procedural bars apply | Not reached substantively because motion was untimely and not equitably tolled |
| Effect of 1991 proceedings / alleged IJ misleading | Lyons: 1991 IJ misled him and prevented timely challenge to 1983 order | BIA: 1991 IJ made clear 1983 order was not before him and lacked authority to reopen absent miscarriage of justice | Denied — 1991 proceedings do not excuse Lyons’ delay; no miscarriage of justice shown |
Key Cases Cited
- Socop-Gonzalez v. INS, 272 F.3d 1176 (9th Cir. 2001) (equitable tolling available when, despite due diligence, petitioner cannot obtain vital information)
- Iturribarria v. INS, 321 F.3d 889 (9th Cir. 2003) (equitable tolling applies where deception, fraud, or error prevents timely filing if petitioner acts with due diligence)
- Ramirez-Juarez v. INS, 633 F.2d 174 (9th Cir. 1980) (IJ lacks authority to reopen prior proceedings absent miscarriage of justice)
- Hernandez-Almanza v. INS, 547 F.2d 100 (9th Cir. 1976) (vacation of conviction does not necessarily establish gross miscarriage of justice at prior deportation)
- Planes v. Holder, 652 F.3d 991 (9th Cir. 2011) (discussing standards and statutory changes affecting post-conviction relief)
- Shoafera v. INS, 228 F.3d 1070 (9th Cir. 2000) (review limited to the administrative record)
PETITION FOR REVIEW DENIED.