In Cabuco-Flores, the Ninth Circuit held that a deportation order based on overstaying one's visitor's visa did not bring into play the provisions of 8 U.S.C. § 1251(f) because the deportation order "did not depend directly or indirectly upon the asserted misrepresentation in obtaining the visa."
Authorizing officers to exercise their discretion to excuse untimely filing of motion to reopen or reconsider where movant demonstrates that delay was reasonable and beyond the movant's control