Unpub. CA11 Remand: Nyang v. U.S. Atty. Gen. (Second MTR, IAC, Equitable Tolling)

Nyang v. U.S. Atty. Gen.

"Nyang petitions for review of the order of the Board of Immigration Appeals (“BIA”) denying his second motion to reopen his removal proceedings (“second motion”) based on claims of ineffective assistance of counsel, which he filed pursuant to the Immigration and Nationality Act (“INA”) § 240(c)(7)(A), 8 U.S.C. § 1229a(c)(7)(A). He argues that the BIA failed to give reasoned consideration to his equitable tolling argument and his ineffective assistance of counsel arguments raised in support of his second motion. After reading the parties’ briefs and reviewing the record, we grant the petition for review. ... [W]e conclude from the record that the BIA misstated the contents of the record and did not respond to the arguments presented before it, thus failing to give reasoned consideration to Nyang’s claims. For the aforementioned reasons, we grant the petition for review and remand this case for further proceedings consistent with this opinion. PETITION FOR REVIEW GRANTED."

[Hats way off to APPOINTED COUNSEL Riley McDaniel who, among other things, pulled off a rare stay of removal!  Bravo!]