Background
Moises Alexander Prado-Majano, an asylum seeker from El Salvador, sought to reopen his immigration proceedings after the Board of Immigration Appeals denied his motion. He argued that his father-in-law, a former high-ranking MS-13 official, was extradited to the United States, creating a new risk of torture. He also requested equitable tolling based on ineffective assistance of counsel and his pro se status.
The court’s reasoning
The court applied a highly deferential abuse-of-discretion standard. It found that the petitioner failed to show changed country conditions because his evidence depicted only incremental changes or personal circumstances rather than a dramatic nationwide change. The court also held that the Board did not abuse its discretion in denying equitable tolling because the petitioner did not explain how counsel’s alleged ineffectiveness prevented timely filing.
Because Prado-Majano’s motion to reopen was untimely and not subject to any exception or equitable tolling, we deny his petition for review.
Opinion at 1
What it means going forward
The denial of the petition for review upholds the Board’s decision to deny the motion to reopen, leaving the removal order against the petitioner in effect.
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