Ovalles v. Barr & Guerrero-LaSprilla v. Barr

Whether a lawful permanent resident convicted of a crime can appeal a final removal order, where the court denied judicial review because it found that he lacked diligence for equitable tolling purposes. Here, the issue is whether a request for equitable tolling, as it applies to statutory motions to reopen removal proceedings, is judicially reviewable as a “question of law”; only “questions of law” are subject to judicial review under the immigration statute. The ACLU filed an amicus brief arguing that questions of diligence have traditionally fallen within the ambit of the Savings Clause, which treats questions of facts that amount to “diligence” as a question of law subject to judicial review.