In re Cruz-Garcia

1 Analyses of this admin-law by attorneys

  1. 5 Cir: BIA can’t impose due diligence requirement on motion to reopen pre-1992 proceeding

    University of Denver Sturm College of LawMarch 6, 2012

    Rodriguez-Manzano No. 09-60795, slip op. at 8.Moreover, “the BIA ignored its own precedent to impose the due diligence requirement in this case,” referring to Matter of Cruz Garcia, 22 I&N Dec. 1155, 1156 n.1 (BIA 1999), in which “the BIA held that current regulations that impose timing requirements on motions to reopen do not apply to motions to reopen deportation proceedings that commenced before 1992 like Rodriguez-Manzano’s.” Rodriguez-Manzano No. 09-60795, slip op. at 8.