Pedro Guerrero-Lasprilla v. William Barr, U.S. Att

Case: 17-60333 Document: 00515508467 Page: 1 Date Filed: 07/29/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 29, 2020 No. 17-60333 Summary Calendar Lyle W. Cayce Clerk PEDRO PABLO GUERRERO-LASPRILLA, Petitioner v. WILLIAM P. BARR, U.S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A040 249 969 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before BARKSDALE, ELROD, and HO, Circuit Judges. PER CURIAM:* In Guerrero-Lasprilla v. Sessions, our court dismissed for lack of jurisdiction the petition for review. 737 F. App’x 230, 230 (5th Cir. 2018) (per curiam), vacated, 140 S. Ct. 1062 (2020). In doing so, we noted: “whether an alien acted diligently in attempting to reopen removal proceedings for purposes * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. Case: 17-60333 Document: 00515508467 Page: 2 Date Filed: 07/29/2020 No. 17-60333 of equitable tolling is a factual question”. Id. at 231 (citing Penalva v. Sessions, 884 F.3d 521, 525 (5th Cir. 2018)). Consequently, we held: “[b]ecause Guerrero was removable on account of criminal convictions that qualified as aggravated felonies as well as violations of laws relating to controlled substances, we lack[ed] jurisdiction to consider the factual question of whether he acted with the requisite diligence to warrant equitable tolling”. Id. (citing 8 U.S.C. §§ 1227(a)(2)(A)(iii), (B)(i); 8 U.S.C. § 1252(a)(2)(C); Penalva, 884 F.3d at 525– 26). On 23 March 2020, however, the Supreme Court held: [I]n this kind of immigration case (involving [an alien] who [is] removable for having committed certain crimes), a court of appeals may consider only “constitutional claims or questions of law.” 8 U.S.C. § 1252(a)(2)(D). The issue before us is, as we have said, whether the statutory phrase “questions of law” includes the application of a legal standard to undisputed or established facts. If so, the Fifth Circuit erred in holding that it “lack[ed] jurisdiction” to consider [petitioner’s] claim[ ] of due diligence for equitable tolling purposes. We conclude that the phrase “questions of law” does include this type of review, and the Court of Appeals was wrong to hold the contrary. Guerrero-Lasprilla v. Barr, 140 S. Ct. 1062, 1068 (2020). In so holding, the Court vacated our judgment and “remand[ed] the[ ] case[ ] for further proceedings consistent with [its] opinion”. Id. at 1073. On remand, we directed the parties to file supplemental letter briefs on the action’s merits. We now substitute this opinion for our prior opinion. Pedro Pablo Guerrero-Lasprilla, a native and citizen of Colombia, was admitted to the United States in 1986 as an immigrant. He was ordered removed, however, in 1998 following felony convictions of conspiracy to possess, with intent to distribute, cocaine base and possession, with intent to distribute, cocaine base, in violation of 18 U.S.C. § 2 and 21 ...

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