9th Circ. Won't Stop Man's Removal Based On 1997 Conviction 1 9th Circ. Won't Stop Man's Removal Based On 1997 Conviction

9th Circ. Won't Stop Man's Removal Based On 1997 Conviction

By Rae Ann Varona (August 2, 2022, 8:21 PM EDT) — The Ninth Circuit rejected a Mexico native’s bid to reopen his removal proceedings on grounds that his 1997 conviction was modified, saying none of the circumstances allowing the challenge of a removal applied to him.

U.S. Circuit Judge Sandra S. Ikuta, writing for the unanimous three-judge panel, said Monday there are many situations where someone could challenge removal orders when the conviction underlying them were subsequently vacated or modified.

However, the judge said none of them applied to Luis Perez-Camacho, who had argued that the U.S. Board of Immigration Appeals should have used equitable tolling to reopen his removal proceedings and…