United States First Circuit

Petition for review of a denial of plaintiff's second motion to reopen immigration proceedings to allow him to apply for adjustment of status based on his marriage to a United States citizen is denied where Board of Immigration Appeals did not abuse its discretion in finding that plaintiff had not exercised the due diligence required to invoke the equitable tolling of the time limitations on his untimely motion to reopen.

Appellate Information

• Decided 07/17/2009
• Published 07/17/2009

Judges

• LIPEZ, Circuit Judge., Before LYNCH, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

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


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General, Greg D. Mack, Senior Litigation Counsel, and Wendy Benner-León, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, for respondent.