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Immigration Law

CA11 on Equitable Tolling: Ruiz-Turcios v. U.S. Atty. Gen.

"Because both the time and numerical limitations on motions to reopen removal proceedings are non-jurisdictional and subject to equitable tolling, the BIA erred in denying Ruiz-Turcios’s motion to reopen without considering whether he is entitled to equitable tolling.  Thus, we remand this matter to the BIA to decide in the first instance whether Ruiz-Turcios is entitled to equitable tolling and, if so, whether he then is entitled to reopening on the merits of his ineffective assistance of counsel claim." - Ruiz-Turcios v. U.S. Atty. Gen., Apr. 19, 2013.  [Hats off to Michael B. Kimberly, Andrea Montavon-McKillip, Beth Werlin and Trina Realmuto!]