Immigration · Primary-source case analysis

Mata: A Court of Appeals Has Jurisdiction to Review an Untimely Motion to Reopen

By Aneeta Mishra and Timothy Chan

Published September 13, 2026

Reyes Mata v. Lynch corrected a jurisdictional dismissal after the BIA denied an untimely motion to reopen that sought equitable tolling for ineffective assistance.

The motion invoked a statutory reopening right

The respondent asked the BIA to reopen removal proceedings and excuse the 90-day deadline through equitable tolling.

The BIA denied the motion as untimely

It also declined to exercise separate sua sponte authority.

Merits weakness did not eliminate jurisdiction

A court must take jurisdiction when Congress grants it, even if the tolling argument may ultimately fail.

The case returned for appellate review

The Supreme Court reversed the jurisdictional dismissal without deciding whether equitable tolling should be granted.

Key takeaways

• Distinguish statutory reopening from sua sponte reopening.
• Preserve deadline, diligence, and prejudice evidence.
• Frame jurisdiction separately from entitlement to tolling.
• Ask the reviewing court to decide the agency ruling actually before it.