United States First Circuit

Even if ineffective counsel did result in petitioner missing the initial hearing, where the evidence shows that petitioner received immediate notice of the Immigration Court ruling, the equitable tolling doctrine will not excuse his failure to timely appeal the decision.

Appellate Information

• Decided 01/30/2001
• Published 01/30/2001

Judges

• Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, SELYA, BOUDIN, STAHL, LYNCH, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Linda M. Sanchez, with whom Cooper & Sanchez were on brief for petitioner., Iris Gomez and Harvey Kaplan, with whom Kaplan, O'Sullivan and Friedman, was on brief for Massachusetts Law Reform Institute, Political Asylum Immigration Representation Project, Greater Boston Legal Services, International Institute of Boston, Community Legal Services and Counseling Center, Harvard Immigration and Refugee Clinic, Boston College Immigration and Asylum Project, National Immigration Project of the National Lawyers Guild, and American Immigration Lawyers Association, amici curiae.


• For Appellees:
  
• Brenda E. Ellison, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, with whom David W. Ogden, Acting Assistant Attorney General, Civil Division, and David V. Bernal, Assistant Director, Office of Immigration Litigation, were on brief, for respondent.