In a clash over immigration deadlines and second chances, a federal appeals court has dealt a setback to Attorney General Pam Bondi’s Department of Justice. The Second Circuit ruled Thursday that the government cannot simply ignore a deported man’s plea to return just because he missed a filing deadline while living in exile.
The case, Pinilla Perez v. Bondi, centers on Leonel Pinilla Perez, a Panamanian national who lived as a legal resident in the U.S. for decades before being deported in 2011. His removal was triggered by minor New York marijuana convictions—crimes that have since been wiped from the books by state lawmakers.
A Challenge to the Justice Department
Attorneys for the Department of Justice, representing Attorney General Bondi, argued that Pinilla waited too long to ask for his case to be reopened. Under federal rules, noncitizens generally have a 90-day window to file such motions. Because Pinilla filed his request two years after New York changed its laws, the Board of Immigration Appeals (BIA) dismissed his claim, citing a lack of “due diligence.”
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However, the three-judge panel found that Bondi’s department and the BIA were being “rigid” and failed to provide a meaningful analysis of Pinilla’s situation. The court pointed out that it is nearly impossible for a person living in Panama to stay updated on the intricacies of New York legislative shifts.
Fairness in the “Bondi” Era
The ruling serves as a reminder that the “reasonable diligence” required by law is not a one-size-fits-all clock. The judges noted that many people who are removed from the country are “poor, uneducated, and effectively unable to follow developments in the American legal system.”
By siding against the BIA’s strict interpretation, the court emphasized that equity must play a role in immigration law. The judges noted: “A petitioner cannot reasonably be expected to act on a change in law that has yet to happen.”
The Road Ahead for Pinilla
This decision is a significant blow to the government’s effort to maintain the deportation order. During the proceedings, the government even conceded that Pinilla’s older 1993 conviction would no longer be a valid reason to keep him out of the country today.
The case now heads back to the immigration board. They must now reconsider Pinilla’s request using the court’s new, more flexible standard for “diligence.” For Pinilla, who has been separated from his life in the U.S. for fifteen years, the ruling is a massive step toward a potential return.
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