United States First Circuit

In appeal of BIA ruling denying petitioner's motion to reopen removal proceedings after three years and failure to submit requested fingerprints, petition for review is denied, where: 1) it is yet to be decided whether the BIA has either the authority or the obligation to apply equitable tolling in the immigration context; however, 2) even if available, the BIA did not abuse its discretion in finding that petitioner had not diligently pursued his rights; and 3) the remainder of petitioner's arguments on appeal were not properly raised before the BIA.

Appellate Information

• Decided 01/07/2013
• Published 01/07/2013

Judges

• STAHL

Court

• United States First Circuit

Counsel