Unpub. BIA Equitable Tolling Victory: Matter of Kim

Unpub. BIA Equitable Tolling Victory: Matter of Kim

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 to mental incapacity (caused by a horrible gambling addiction) was applied.  The IJ granted 212(c) relief, ICE appealed and the BIA affirmed the IJ’s grant.  I was initially retained after the client was arrested and detained by ICE and deportation to Korea was imminent.  The case started in the 9th Cir., was transferred to the 6th Circuit, where it was dismissed after the BIA reopened proceedings.  He had been detained for over 18 months, with a habeas pending until mooted by the BIA's most recent remand for biometrics followed by my client’s release.  All briefing can be made available on request.  What an adventure!"  [Hats off to Jon!  Moral: Never give up!]

Oct. 12, 2011 unpub. BIA reopen/remand grant

July 30, 2012 unpub. BIA affirmance of IJ 212(c) grant

 Jon Eric Garde, Esq.


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