Immigration Law

Recent Posts

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

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Jodi Goodwin writes: "Thought you all would be interested in the attached unpublished BIA decision in which the Board (Pauley) follows the Fifth's decision in Lugo-Resendez.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

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

CA5 on Equitable Tolling: Lugo-Resendez v. Lynch
Posted on 29 Jul 2016 by Daniel M. Kowalski

Lugo-Resendez v. Lynch, July 28, 2016 - "[Nine other circuits have] held that the deadline for filing a statutory motion to reopen is subject to equitable tolling in certain circumstances. We are persuaded by the reasoning of these cases and join... Read More

Unpub. BIA Equitable Tolling Victory: Matter of Kim
Posted on 4 Sep 2012 by Daniel M. Kowalski

Jon Eric Garde writes: "I want to share a BIA grant on a special motion to reopen for 212(c) over 13 years after the BIA order and over six years after the filing deadline post St. Cyr, as promulgated by governing regulations. Equitable tolling due... Read More

CA2 on Equitable Tolling: Watson v. USA (No Compensation for American Citizen Illegally Imprisoned by ICE)
Posted on 2 Aug 2017 by Daniel M. Kowalski

Watson v. USA, July 31, 2017 - "Davino Watson, a United States citizen, was improperly held in immigration detention for more than three years because the government mistakenly believed that he was a deportable alien. He sued under the Federal Tort... Read More

CA11 (En Banc) on Equitable Tolling: Avila-Santoyo v. U.S. Atty. Gen. (Abdi Overruled)
Posted on 14 Apr 2013 by Daniel M. Kowalski

"[W]e overrule our circuit precedent in Abdi, and now hold that the 90-day time limit to file a motion to reopen under 8 U.S.C. § 1229a(c)(7)(C)(i) is not jurisdictional. ... [W]e agree with every other circuit to have addressed this issue and... 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

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

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