Immigration Law

Recent Posts

CA4 (2-1) on Jurisdiction, Standard of Review, Equitable Tolling: Williams v. Garland
Posted on 16 Nov 2022 by Daniel M. Kowalski

Williams v. Garland - Petition for review granted, vacated, and remanded by published opinion. Senior Judge Floyd wrote the opinion in which Senior Judge Motz joined. Judge Rushing wrote a separate dissenting opinion. "In 2006, the Department of... Read More

CA10 Stop-Time Victory: Estrada-Cardona v. Garland
Posted on 17 Aug 2022 by Daniel M. Kowalski

Estrada-Cardona v. Garland "The Attorney General may allow otherwise-removable aliens to remain in the country if, among other things, they have accrued 10 years of continuous physical presence in the United States. We call this form of discretionary... Read More

CA5 Equitable Tolling Remand: Boch-Saban v. Garland
Posted on 9 Apr 2022 by Daniel M. Kowalski

Boch-Saban v. Garland "Petitioner Jose Santos Boch-Saban, a citizen of Guatemala, seeks review of a Board of Immigration Appeals decision dismissing, as untimely, his appeal of an immigration judge’s order denying, as time and number barred... Read More

Unpub. BIA Equitable Tolling Victory: Matter of Siahaan
Posted on 10 Mar 2022 by Daniel M. Kowalski

Matter of Siahaan, Feb. 23, 2022 "Upon our review, we are satisfied that the respondents exercised reasonable diligence in pursuing their claim. See Lawrence v. Lynch, 826 F.3d at 203-04; Kuusk v. Holder, 732 F.3d at 305-06. They have provided... Read More

CA1 Equitable Tolling Remand: James v. Garland
Posted on 26 Oct 2021 by Daniel M. Kowalski

James v. Garland "After an immigration judge (IJ) ordered petitioner Andrea Joy James removed from the United States, the Board of Immigration Appeals (BIA) dismissed James's appeal as untimely. In so doing, the BIA failed to address James's... Read More

CA3 on Equitable Tolling: Nkomo v. Atty. Gen.
Posted on 21 Jan 2021 by Daniel M. Kowalski

Nkomo v. Atty. Gen. "Because Nkomo properly raised equitable tolling before the BIA, the BIA erred in failing to consider her request for equitable tolling on the merits. We remand for the Board to do so in the first instance." [Hats off... Read More

CA2 on Equitable Tolling: Attipoe v. Barr
Posted on 19 Dec 2019 by Daniel M. Kowalski

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... Read More

Unpub. BIA Equitable Tolling Victory: Matter of Lugo-Resendez (Dec. 27, 2017)
Posted on 17 Jan 2018 by Daniel M. Kowalski

Jodi Goodwin writes: "Thought you all would be interested in the attached unpublished BIA decision in which the Board (Pauley) follows the Fifth's decision in Lugo-Resendez. [ Lugo-Resendez v. Lynch , 831 F.3d 337 (5th Cir. 2016)] As background... Read More

Unpub. BIA Equitable Tolling Victory (Apr. 19, 2018)
Posted on 24 Apr 2018 by Daniel M. Kowalski

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... Read More

Unpub. BIA Victory re Ineffective Assistance, Equitable Tolling (Feb. 12, 2018)
Posted on 19 Feb 2018 by Daniel M. Kowalski

CLINIC Training and Legal Support Senior Attorney Michelle N. Mendez writes: "The ASAP team of Swapna Reddy, Dorothy Tegeler, and Liz Willis has done it again. With just a few days before her check-in with Atlanta ICE ERO, a mother reached out to... Read More

CA11 on Equitable Tolling: Ruiz-Turcios v. U.S. Atty. Gen.
Posted on 19 Apr 2013 by Daniel M. Kowalski

"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... Read More

CA6 (Unpub.) on Equitable Tolling: Lisboa v. Holder
Posted on 26 Jun 2014 by Daniel M. Kowalski

"The petitioner, Jose S. Lisboa, Jr., seeks review of a decision by the Board of Immigration Appeals denying his motion to reopen removal proceedings. An immigration judge ordered Lisboa, then legally in the country, removed on the basis of a conviction... Read More

CA9 on Ineffective Assistance of Counsel, Equitable Tolling: Salazar-Gonzalez v. Lynch
Posted on 20 Aug 2015 by Daniel M. Kowalski

"Sometimes, it is difficult to distinguish between a client’s bad luck and a lawyer’s bad advice. Risk is an inherent part of litigation, and lawyers must weigh countless probabilities when advising their clients on what claims to pursue... Read More

CA11 on Equitable Tolling: Ruiz-Turcios II
Posted on 24 May 2013 by Daniel M. Kowalski

"In light of this Court’s en banc decision in Avila-Santoyo v. U.S. Att’y Gen., —F.3d. —, No. 11-14941, 2013 WL 1499419 (11th Cir. Apr. 12, 2013), and upon panel rehearing, we previously vacated our original panel opinion... Read More

CA6 Equitable Tolling Remand: Mendoza v. Lynch (Unpub.)
Posted on 28 Apr 2016 by Daniel M. Kowalski

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... Read More