United States First Circuit

Petitions for review of the denial by the Board of Immigration Appeals of plaintiff's second motion to reopen is denied where the Board properly rejected plaintiff's argument that the time and number limits should be equitably tolled so he could seek adjustment of status under the Immigration and Nationality Act sec. 245(i) as plaintiff failed to show that he exercised due diligence in seeking reopening and thus the equitable tolling doctrine is unavailable.

Appellate Information

• Decided 06/04/2009
• Published 06/04/2009

Judges

• PER CURIAM., Before LYNCH, Chief Judge, TORRUELLA and EBEL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Saher Joseph Macarius with whom Audrey Botros and Law Offices of Saher Joseph Macarius were on brief for petitioner.


• For Appellees:
  
• Stacey I. Young, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, with whom Michael F. Hertz, Acting Assistant Attorney General, and J. Max Weintraub, Senior Litigation Counsel, were on brief for respondent.