Supreme Court Decision: Reyes-Mata v Lynch – Courts of Appeal Have Jurisdiction to Review Motion to Reopen Denials

On June 15, 2015, In Reyes Mata v. Lynch, 576 U.S.___ (2015), the Supreme Court decided the following issue: whether the Fifth Circuit erred in holding that it has no jurisdiction to review petitioner’s request that the Board of Immigration Appeals equitably toll the ninety-day deadline on his motion to reopen as a result of ineffective assistance of counsel under 8 C.F.R. § 1003.2(c)(2).  Fortunately, the Supreme Court held, in an 8-1 decision penned by Justic Kagen, that the Fifth Circuit was in error and that it had jurisdiction to review a motion to reopen, even if it was filed late.

Mr. Reyes Mata’s prior attorney fell asleep at the wheel and failed to file an appellate brief at all, so his appeal was dismissed.  The case was picked up by Raed Gonzalez of Gonzalez Oliveri LLC, pro bono, who took it to the top, and won.  Kudos to Mr. Raed and his client.  Hopefully Mr. Raed and his client will prevail on remand.

In plain English, this decision basically means that if your immigration lawyer blows an appeal deadline, and another lawyer’s motion to reopen your case because the first lawyer blew a deadline is denied because it’s late, you can appeal it to a Circuit Court.  All too ofter immigration lawyers are horrible, so it’s a great decision that protects non-citizens in the United States.

You can read the full text of the decision here: http://www.supremecourt.gov/opinions/14pdf/14-185_i4dk.pdf.