Decision date: 2023-02-22

Upholding denial of motion to reopen (challenging frivolous asylum finding) as untimely where several years had passed between the BIA's last decision and the filing of the motion to reopen, and the Petitioner had not demonstrated "extraordinary circumstances beyond his control" to excuse his delay and equitably toll the statutory motion deadline. Although Petitioner cannot read, write, or understand English, he had personally received the frivolous asylum finding and warnings about its consequences, and had not shown whether he had sought additional legal advice after the BIA's decision upholding the asylum denial, nor whether he had tried to have the IJ's or BIA's decisions translated or read to him in his native language.  

Publication Status: Unpublished

Case judge: Agee, Heytens, King

Decision: Chen v. Garland, No. 21-2072, 2023 WL 2158366 (4th Cir., Feb. 22, 2023)