The Ninth Circuit granted Chanh Huy Luong's petition for review of the Board of Immigration Appeals' decision. The court remanded the case for further proceedings regarding Luong's motion to reopen.
Background
Chanh Huy Luong sought to reopen his immigration case after his conviction was vacated. The BIA denied his motion, leading to this appeal.
The court’s reasoning
The BIA declined to equitably toll the deadline for Luong’s motion to reopen, concluding he did not exercise necessary due diligence. The Ninth Circuit found that the BIA erred in its assessment of Luong’s diligence and the burden of proof regarding his vacated conviction.
What it means going forward
The remand allows Luong to present additional evidence regarding his diligence and the circumstances surrounding his conviction vacatur.
