Decision date: 2022-11-16
Ruling that Petitioner demonstrated the requisite diligence for equitable tolling of the deadline for a motion to reconsider since it was reasonable for Petitioner, who lived in Jamaica, worked a low-wage job, had no internet access, and faced difficulty obtaining pro bono counsel, to not have discovered the basis for reconsideration, Sessions v. Dimaya, 138 S. Ct. 1204 (2018), prior to 2019. The Court held that the required diligence is reasonable, not maximum, diligence based on the totality of the circumstances and that the clock for the diligence analysis starts only after the event that gives rise to relief.
Publication Status: Published
Case judge: Floyd, Motz, Rushing