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Immigration Law

CA2 on Equitable Tolling: Attipoe v. Barr

Attipoe v. Barr

"Petition for review of the January 18, 2018 decision of the Board of Immigration Appeals (“BIA”) refusing to accept Emeli Attipoe’s untimely appeal of an Immigration Judge’s July 8, 2016 order of removal to Ghana. The BIA erred in refusing to consider whether the argument that the appeal deadline, which is nonjurisdictional, is subject to an equitable tolling exception. We find that the appeal deadline is a claim‐processing rule amenable to equitable tolling, and we remand to the BIA to develop standards for equitable tolling and to determine whether Attipoe qualifies for equitable tolling under those standards."

[Hats off to MATTHEW J. MOFFA, Gene W. Lee, TRINA REALMUTO and Kristin Macleod‐Ball!]