immigration-law

QUESTION PRESENTED The deadline to file a statutory motion to reopen under 8 U.S.C. § 1229a(c)(7) is subject to equitable tolling; all the courts of appeals are in agreement. But they are in conflict as to whether they have jurisdiction to review an agency's denial of a request for equitable tolling of the numerical limit made by a petitioner who filed multiple motions but was never heard on each of his prior motions. Therefore, the question presented is: Is a request for equitable tolling of the numerical limit, if petitioner was never , heard on his first, second and third motion to reopen because of error, fraud and ineffectiveness of counsel as it applies to statutory motions to reopen which is judicially reviewable as a “question of law.” -j ) ; PETITION FOR A WRIT OF CERTIORARI . / . : . Petitioner, Devon Nunes, respectfully petitions for a writ of certiorarito reviewthe — oo, : judgment of the United States Court of Appeals for the Third circuit in this case. | | OPINIONS BELOW Z e The Panel Rehearing of the court of appeals, Devon Nunes v. Attorney : General, No. 23-1876 (3rd Cir. April 4, 2024), is unreported, and reproduced ‘ : at App. A. . . | e The opinion of the court of appeals, Devon Nunes v. Attorney General, No. ; | 23-1876 (3rd Cir. March 1, 2024), is unreported, and reproduced at App. B. . ; ° The decision of the Board of Immigration Appeals (BIA) denying Petitioner’s motion to reopen and reconsider, Devon Nunes, A099-267-322 (BIA, May 2, | 2023), is unreported, and reproduced at App. C. | e The opinion of the court of appeals, Devon Nunes v. Attorney General, No. 22-2130 (3rd Cir. January 6, 2023), is unreported, and reproduced at App. D. | ° The decision of the Board of Immigration Appeals (BIA) denying Petitioner’s motion to reopen and reconisider, Devon Nunes, A099-267-322 (BIA, May ; : 17, 2022), is unreported, and reproduced at App. E . __ Devon Nunes A# 099-267-322 : sO “@ The opinion of the court of appeals, Devon Nunes v. Attorney General, No. oo "19-3761 (3rd Cir. February 6, 2020), is unreported, and reproduced atApp. e The decision of the Board of Immigration Appeals (BIA) denying Petitioner’s ) ; motion to reopen and reconsider, Devon Nunes, A099-267-322 (BIA, Oct. 30, 2019), is unreported, and reproduced at App. G. e The opinion of the court of appeals, Devon Nunes v. Attorney General, No. 11-2531 (3rd Cir. April. 11, 2012), is unreported, and reproduced at App. H. e The decision of the Board of Immigration Appeals (BIA) denying Petitioner’s ' motion to reopen and reconsider, Devon Nunes, A099-267-322 (BIA, May. : 23, 2011), is unreported, and reproduced at App. | . e The opinion of the court of appeals, Devon Nunes v. Attorney General, No. 10-4209 (3rd Cir. Dec. 23, 2010), is unreported, and reproduced at App. J e The decision on Appeal, the Board of Immigration Appeals (BIA) denying Petitioner’s Appeal, Devon Nunes, A099-267-322 (BIA, Oct. 12, 2010), is unreported, and reproduced at App. K. Devon Nunes Att 099-267-322 . JURISDICTION The judgment of the Third circuit was entered on March 1, 2024, App. B, and Panel rehearing was entered on April 4, 2024. App. A. The jurisdiction of the Court is invoked under 28 U.S.C. § 1254(1). , RELEVANT STATUTORY PROVISIONS The relevant portions of: . 8 U.S.C. § 1229a(c)(7), regarding statutory motions to reopen. — 8 U.S.C. § 1229b(b)(1), regarding physical-presence requirement (with cancellation of removal and adjustment of status). INA §237(a)(1)(C)(i), for failing to comply with non-immigrant status. .