United States First Circuit

Petition for review of a denial of a motion to reopen removal proceedings is denied where the Board of Immigration Appeals did not err in denying plaintiff equitable tolling of the ninety-day period for filing a motion to reopen due to ineffective assistance of counsel as plaintiff did not exercise diligence in the pursuit of his rights. Plaintiff's request for a remand for an adjustment of status based on his marriage to a U.S. citizen is denied where plaintiff did not cite any evidence that was previously unavailable to him.

Appellate Information

• Decided 03/26/2009
• Published 03/26/2009

Judges

• HOWARD, Circuit Judge., Before TORRUELLA, STAHL and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Saher J. Macarius, Audrey Botros and Law Offices of Saher J. Macarius, on brief for petitioner.


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General, Civil Division, Linda S. Wernery, Assistant Director and Gregory M. Kelch, Attorney, United States Department of Justice, on brief for respondent.