Immigration Law

Unpub. BIA Equitable Tolling Victory (Apr. 19, 2018)

Matter of X-, Apr. 19, 2018 - "We conclude upon de novo review, that equitable tolling of the reopening deadline is appropriate in this case. ... Given the evidence of record that the respondent spoke Triqui fluently and only "basic Spanish," that multiple hearings were previously rescheduled specifically due to the unavailability of a Triqui interpreter, and the critical importance of adequate translation in hearings, we find clear error in the Immigration Judge's factual finding regarding the ability of the respondent to sufficiently understand Spanish at the time of the October 30, 2007, removal order, and will reverse it."

[Hats off to Margaret Stock!]