LAWRENCE v. LYNCH

No. 15-1834.

826 F.3d 198 (2016)

Garfield Kenault LAWRENCE, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent. American Immigration Council; National Immigration Project of the National Lawyers Guild, Amici Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: June 17, 2016.


Attorney(s) appearing for the Case

ARGUED: Heidi Rachel Altman , Capital Area Immigrants' Rights Coalition, Washington, D.C., for Petitioner. Matthew Allan Spurlock , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Morgan MacDonald , Capital Area Immigrants' Rights Coalition, Washington, D.C., for Petitioner. Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Civil Division, John S. Hogan , Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent. Kristin Macleod-Ball , American Immigration Council, Washington, D.C.; Trina Realmuto , National Immigration Project of the National Lawyers Guild, Boston, Massachusetts, for Amici Curiae.

Petition dismissed in part and denied in part by published opinion. Judge Agee wrote the opinion, in which Judge Wilkinson and Senior Judge Davis joined.


Petitioner Garfield Lawrence seeks review of the Board of Immigration Appeals' (the "Board" or "BIA") decision denying his motion to reopen as untimely and denying his request for sua sponte reopening. The Board denied the request, concluding that Lawrence failed to demonstrate due diligence in pursuing his claim. On appeal...

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