United States Sixth Circuit

In proceedings arising from an Iraqi citizen's motion to reopen, claiming that she received ineffective assistance of counsel, the BIA's denial is vacated and remanded as there is no evidence in the record to support the BIA's conclusion that petitioner's untimely filed appeal resulted from her own lack of diligence. Therefore, if the Board finds that petitioner received ineffective assistance of counsel and that she was prejudiced by the ineffective assistance, equitable tolling would apply and the motion to reopen would be timely. However, if the Board finds that petitioner did not receive ineffective assistance of counsel, equitable tolling would not apply and the motion to reopen would not be timely and the Board would lack jurisdiction to hear the motion to reopen.

Appellate Information

• Argued 03/12/2010
• Decided 08/02/2010
• Published 08/02/2010

Judges

• MARTIN

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• David H. Paruch, Gladys Marta Steffens Guzman