The Ninth Circuit held that the deadline for special motions to reopen proceedings to apply for 212(c) relief under St. Cyr was a constitutionally sound procedural rule.
Luna filed late and had argued that the deadline “irrationally disallows any alien not made aware of the time limitation from seeking a reopening.” The Ninth Circuit noted, though, that the rule was published in the Federal Register and that persons are presumed to know the law.
Further, the Ninth Circuit rejected Luna's argument for tolling of the deadline because the record did not show due diligence. It left open the possibility of tolling under other circumstances, though.
Read the opinion at http://www.ca9.uscourts.gov/datastore/opinions/2011/09/19/08-71086.pdf.