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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...

CA11 (En Banc) on Equitable Tolling: Avila-Santoyo v. U.S. Atty. Gen. (Abdi Overruled)

"[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 found equitable tolling to be applicable. ... Having...

CA11 on Equitable Tolling: Ruiz-Turcios v. U.S. Atty. Gen.

"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 to equitable tolling. Thus, we remand this...

CA11 on Equitable Tolling: Ruiz-Turcios II

"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...

CA6 (Unpub.) on Equitable Tolling: Lisboa v. Holder

"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 in state court. After his removal, a state...

CA9 on Ineffective Assistance of Counsel, Equitable Tolling: Salazar-Gonzalez v. Lynch

"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, motions to file, and arguments to raise. This...

CA6 Equitable Tolling Remand: Mendoza v. Lynch (Unpub.)

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 are not supported by the record. In particular, the...