Oluwajana v. Garland

Remand to Board was required in petitioner’s appeal of his removal order, where said order was entered after Board had denied petitioner’s second motion for extension of time to file supporting brief, which was tendered 12 days late. Record showed that Board had granted petitioner’s initial motion for extension of time to file supporting brief, and Board had denied petitioner’s second motion for an extension of time, even though reason for second motion was fact that government had delayed giving petitioner’s new counsel copy of petitioner’s immigration file. Board abused its discretion in failing to consider petitioner’s supporting brief, where: (1) Board’s procedural rules allowed it to consider brief that has been filed out of time; (2) Board labored under misperception that petitioner had submitted brief 33 days late; and (3) petitioner had not received copy of his immigration file until after deadline for first extension of time had expired. As such, Board was directed on remand to consider anew merits of petitioner’s case in light of his supporting brief.