8th Circ. Won't Excuse Tardy Appeal Of Farm Visa Denial

Law360 (August 14, 2019, 7:13 PM EDT) -- An Eighth Circuit panel on Wednesday upheld a deportation order against a Mexican man who’s lived in the U.S. for more than three decades, finding he waited too long to contest the denial of his farm worker visa. 

In a published decision, the trio of judges refused to excuse the five-year delay between when the federal government denied Martin Capiz-Fabian’s application for temporary residence as a special agricultural worker and when Capiz challenged that denial in the administrative courts.

Capiz had pushed the court to waive the 30-day time limit for his appeal because he said he never received the government’s...

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