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CA11 on Equitable Tolling: Ruiz-Turcios II

May 24, 2013 (1 min read)

"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, published at 700 F.3d 1270 (11th Cir. 2012), and substituted Ruiz-Turcios v. U.S. Att’y Gen., — F.3d—, No. 12-11503, 2013 WL 1689072 (11th Cir. Apr. 19, 2013) in its place.  We now vacate the latter and substitute this opinion in its place. ... While the facts underlying RuizTurcios’s assertion that he received ineffective assistance of counsel may serve both as a basis for equitable tolling and for the merits of his motion to reopen, the standards for establishing equitable tolling and ineffective assistance of counsel are distinct.  Accordingly, we hereby GRANT Ruiz-Turcios’s petition in part, VACATE the BIA’s order denying reopening, and REMAND to the BIA for further proceedings consistent with this opinion. PETITION GRANTED in part, VACATED and REMANDED." - Ruiz-Turcios v. Atty. Gen., May 24, 2013.  [Hats off to Michael B. Kimberly, Andrea Montavon-McKillip, Beth Werlin and Trina Realmuto!]