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Immigration Law

CA6 Equitable Tolling Remand: Mendoza v. Lynch (Unpub.)

Mendoza v. Lynch, Apr. 28, 2016- "Here, the BIA concluded that Mendoza was not diligent before or after she learned of Chavez’s alleged ineffectiveness. But the BIA’s reasons for concluding that Mendoza failed to establish diligence are not supported by the record. In particular, the BIA found that Mendoza “took no action” to inquire about her immigration status from April 2006 – December 2011. (AR 5.) The BIA also found that “despite apparently learning of the in absentia removal order for the first time in March 2012, she ‘did not act on her motion to reopen for nearly eight months.’” (AR 5 (quoting IJ’s Order at 7 (Nov. 29, 2012)).) Based on these findings, the BIA concluded that “equitable tolling of the time limit was unwarranted as [Mendoza’s] claims of due diligence are not supported by the record.” ... Because the BIA’s stated reasons for finding that Mendoza was not diligent in seeking relief are not supported by the record, the BIA’s decision is without a rational explanation and must be remanded."  [Hats off to Aliya Karmali!]