United States Tenth Circuit
RILEY v. IMMIGRATION & NATURALIZATION SERV., 01-1250, 02-9531
The Board of Immigration Appeals abused its discretion in refusing to consider appellant's motion to re-open challenging appellant's former counsel's ineffective representation, and must examine appellant's situation to determine whether his particular case warrants equitable tolling.
Appellate Information
- Decided 11/05/2002
- Published 11/06/2002
Judges
- McKAY, Circuit Judge., Before BRISCOE, McWILLIAMS, and McKAY, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Jeffrey Dean Joseph, Denver, CO, for Petitioner-Appellant.
- For Appellees:
- Michelle E. Gorden (Papu Sandhu, Senior Litigation Counsel, with her on the brief in 01-1250, and Donald E. Keener, Deputy Director, with her on the brief in 02-9531), Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., for Respondent-Appellee.