Immigration Law

Recent Posts

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

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

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