Page:Ovalles v. Rosen (17-60438) (2021) Opinion.pdf/3

 request reopening with[in] the specified allowed time even as calculated from the time the law changed”). A panel of this court observed that he waited “nearly eight months” after the Supreme Court issued Lopez to file his motion and denied Ovalles’s petition as untimely. Id. at 295, 299–300.

Ovalles filed his second motion to reopen—the present motion—in March 2017. He argued that Lugo-Resendez “finally delivered [him] with the final piece to the puzzle” by “permitting the filing of a statutory motion through tolling of the 90-day deadline.” The Board denied the motion as “untimely and number-barred” and concluded that Ovalles did not demonstrate equitable tolling was warranted. On appeal, a panel of this court dismissed the petition for lack of jurisdiction, but the Supreme Court disagreed. Ovalles v. Sessions, 741 F. App’x 259, 261 (5th Cir. 2018) (per curiam), vacated and remanded sub nom. Guerrero-Lasprilla v. Barr, 140 S. Ct. 1062 (2020). On remand, we now consider whether Ovalles’s motion to reopen merits equitable tolling.

Denial of a motion to reopen is reviewed under a “highly deferential abuse-of-discretion standard.” Zhao v. Gonzales, 404 F.3d 295, 303 (5th Cir. 2005); accord Guerrero-Lasprilla v. Barr, 822 F. App’x 254, 256 (5th Cir. 2020) (per curiam) (unpublished) (articulating the same standard on remand from the Supreme Court). Factual findings are reviewed for substantial evidence and legal conclusions are reviewed de novo. Londono-Gonzalez v. Barr, 978 F.3d 965, 968 (5th Cir. 2020); Morales v. Sessions, 860 F.3d 812,