Immigration Rights issue image

Ovalles v. Barr & Guerrero-LaSprilla v. Barr

Court Type: U.S. Supreme Court
Status: Closed (Judgment)
Last Update: September 6, 2019

What's at Stake

Whether a lawful permanent resident convicted of a crime can appeal a final removal order, where the court denied judicial review because it found that he lacked diligence for equitable tolling purposes.

Whether a lawful permanent resident convicted of a crime can appeal a final removal order, where the court denied judicial review because it found that he lacked diligence for equitable tolling purposes. Here, the issue is whether a request for equitable tolling, as it applies to statutory motions to reopen removal proceedings, is judicially reviewable as a 鈥渜uestion of law鈥; only "questions of law" are subject to judicial review under the immigration statute. The 老澳门开奖结果 filed an amicus brief arguing that questions of diligence have traditionally fallen within the ambit of the Savings Clause, which treats questions of facts that amount to 鈥渄iligence鈥 as a question of law subject to judicial review.

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