Granados-Oseguera

I. FACTS AND PROCEDURAL HISTORY

Oseguera entered the United States on or around June 6, 1984. He sought asylum in August 1993, although that appli- cation was later abandoned in lieu of a request for cancella- tion of removal. Oseguera’s cancellation of removal application was delayed several times due to his prior coun- sel’s failure to submit a complete application. The immigra- tion judge (“IJ”) ultimately denied the requested relief on the grounds that Oseguera did not satisfy the “extreme hardship” requirement.

A. Proceedings before the BIA.

The BIA summarily affirmed the IJ on September 6, 2002, but granted Oseguera permission to voluntarily depart “within 30 days of the date of this order or any extension beyond that time as may be granted by the district director.” Pursuant to 14262 GRANADOS-OSEGUERA v. MUKASEY Immigration and Nationality Act regulations, Oseguera was required to file any motion to reopen before his period for voluntary departure expired (which was, in his case, October 6, 2002). See 8 U.S.C. § 1229c(d)(1).

Oseguera eventually filed a motion to reopen on December 6, 2002—sixty two days after the voluntary departure period had expired.…