9th Circ. Scraps Over Burglar's Effort To Challenge Removal

By Jennifer Doherty (November 19, 2021, 4:50 PM EST) — A divided Ninth Circuit panel refused to reopen a convicted burglar’s deportation case following a Supreme Court decision disqualifying his removal, with two judges locking horns over whether the migrant showed enough commitment to fighting for his rights in the interim.

The panel’s two-judge majority backed the Board of Immigration Appeals, which deemed Jose Eduino Assumpcao Goulart’s 2018 petition for review untimely. The BIA’s ruling was justified because Goulart had failed to present any evidence that he had been working on his case between his removal from the U.S. in 2013 and the high court’s 2018 decision in Sessions v. Dimaya,…