Edelfo Albillo-De Leon v. Alberto R. Gonzales, Attorney General

An Immigration Judge (“U”) dismissed Petitioner Edelfo Albillo-DeLeon’s motion to reopen his deportation proceedings as untimely. The Board of Immigration Appeals (“BIA”) affirmed without opinion. We have jurisdiction under 8 U.S.C. § 1252 . For the reasons set forth below, we grant Albillo-DeLeon’s petition and remand to the BIA for further proceedings.

I. Factual and Procedural Background

Albillo-DeLeon, a native and citizen of Guatemala, entered the United States without inspection on February 29, 1988. He has lived continuously in the United States for the last seventeen years. On May 3, 1988, shortly after arriving in the United States, Albillo-DeLeon applied for asylum. On April 3, 1989, the Immigration and Naturalization Service (“INS”) issued Albillo-DeLeon an Order to Show Cause, charging that he was deportable because he entered the United States without inspection. Albillo-DeLeon appeared at a deportation hearing and conceded deportability.

At the deportation hearing, Albillo-DfeLeon sought asylum, withholding of deportation, and voluntary departure. On November 17, 1989, the IJ denied Albillo-DeLeon’s application for asylum and withholding of deportation but granted…